Asked on Mar 01st, 2016 on Family Law - South Carolina
More details to this question:
My daughter has full custody of her son and is unable to care for him. She wants us to have custody. She was never married to the birth father. He does pay child support but hardly asks to see him.
The standard for custody determinations between parents is a "best interests" test. The standard for custody determination between a third party and a party requires a showing that the parent is "unfit." Based on the heightened burden, evidence and the ability to present evidence is required at each stage of litigation. Skilled, experienced counsel should be utilized by all parties in a case involving custody claims by third parties.
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