Legal Question in Family Law in South Carolina

My ex wife just died last night. We have a 9 year old daughter together. She had full custody and I had all my visitation rights given to me and it was done in court. So shouldn't I automatically get custody of my daughter? Her grandparents will not give her to me willingly. Apparently my ex wife went out last night and my daughter stayed with her grandparents. So how do I go about getting my daughter in my care & custody?

Asked on 5/18/14, 1:55 pm

1 Answer from Attorneys

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

If the other parent died, then you will have custody absent a Court Order to the contrary. If they won't voluntarily turn the child over to you, you can contact law enforcement to see if they will assist you. If not, then you may need to contact an attorney to seek the assistance of the Family Court.

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 ( or our website ( I wish you the best of luck.

Ben Stevens

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Answered on 5/20/14, 8:04 am

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