Legal Question in Family Law in South Carolina

Fathers Rights

My son's girlfriend had a baby boy in 2006, A DNA was never done proving he was the father. She ran off to SC and the last time we saw the child he was 1 wk old. We did not know where she was in SC and had no contact with her, she would only call him, The child was taken from her by the state of SC and she lost a her rights as his mother. The child has been in foster care for over one year. She called and advised him of this and we contacted the SC Social Services to try to get custody. Come to find out, he has been in foster care since September of 2007, he will be 3 in a couple of months and was taken when he was 15 months old. The Foster Parents wants to adopt him and saying we knew where he was, but we didn't. , What chance do we have to get this child and my son as the father has not lost his rights. Also, if he loses his rights, is there grandparents rights.


Asked on 4/21/09, 10:10 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Fathers Rights

Your son may still be able to get custody of his son, but he needs to act as quickly as possible. Time is already against him, and he should move very quickly if he does not want to see his parental rights terminated. If his rights are terminated, then yours (as grandparent) would be as well.

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

Read more
Answered on 4/23/09, 10:34 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Fathers Rights

Your son may still be able to get custody of his son, but he needs to act as quickly as possible. Time is already against him, and he should move very quickly if he does not want to see his parental rights terminated. If his rights are terminated, then yours (as grandparent) would be as well.

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

Read more
Answered on 4/23/09, 10:35 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina