Legal Question in Family Law in South Carolina

Family Law/Child Custody

I need to know if I and my daughter's biological father have a ''legal leg to stand on'' regarding her custody.I have not been married to this man.Yet.Though he and I had an affair during my marriage.We lost each other for 12 years but upon finding each other have confirmed that he is indeed her father.My daughter is 14, knows and is crazy about him- and doesn't hate us-thank God!She has always wanted to live w/me but my ex husband has physical custody of her.I dread giving him this news but I highly suspect that my ex has known this all along.There is nothing stated negatively against me in our custody case.We just live in ''good old boy'' territory and I'm a ''yankee.''I have paid my ex child-support for nearly 10 years.I don't want any money back nor does my daughter's father.We just want what's best for our child.For her to have some say in her life rather than being ''held for ransome'' and to not live a secret life for fear of what her ''dad'' may do.We will be married eventually but feel like all our lives are on egg-shells until we ''drop the bomb'' so to speak,on my ex.Do we have no legal rights?(my daughter,her bio-father and myself)In the eyes of the courts/law does my exhusband have the upper hand here?What could he do to us?Help?


Asked on 10/03/07, 9:54 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Family Law/Child Custody

If there has already been a finding that your ex-husband is the child's father, then it is going to be difficult to have that overturned at this point. However, it may be an issue that you (or the true biological father) want to attempt.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/03/07, 11:29 am


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