Legal Question in Family Law in South Carolina
My husband and I have had temporary legal/physical custody, granted by SC DSS, of our 2 yr. old nephew for almost 5 months. He was taken from them via an EPC order when they were arrested on drug charges (not 1st drug charge for either one). We have been more than cooperative, attending all visitations and parenting classes for my sister and her boyfriend (nephew's parents). We have given any info. to DSS they wanted, only receiving a small amt. in child support. Both my sister and boyfriend have been caught lying numerous times to both myself and DSS, failed hair strand drug tests, failed to get jobs, etc. They are also both facing around 18 mos. of jail time.
As of a couple wks ago, the plan was to request permanent placement for my nephew w/ my brother and his wife, as they are more willing to keep my nephew for an extended period of time. A couple of days ago, I was informed by DSS that they may give my sister a 3 mo. extension and if I didn't allow her to see her son outside of DSS visitations and include her in our family holiday gathering, they may put our nephew back in foster care. This sounds absurd, but am sure is possible. I have made an appt. w/ GAL, but don't know what else to do. Do I have any rights?
1 Answer from Attorneys
You have several options, including the option to seek custody of the child, which would take DSS out of the mix for the most part. You should not rely upon DSS to tell you your options, because their track record shows that they only look out for themselves.
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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