Legal Question in Family Law in South Carolina

I am currently pregnant and living with the biological father. We are not married and he is planning to move out of the state when our lease is up. If he leaves/moves, will he be able to seek custody of the child?


Asked on 5/01/12, 5:12 pm

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

In South Carolina if the parents are not married the mother has sole custody. The father could file an action for custody in the family court but he would have to show that it is in the child's best interest for him to have custody. If he asks to take the child with him you have the right to say no because you will be the sole custodian of the child. If he files papers in court for custody I suggest that you immediately seek the advice of a local attorney.

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Answered on 8/09/12, 5:37 am


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