QUESTION
single mother help! (South Carolina)
Asked on Dec 29th, 2017 on Family Law - South Carolina
More details to this question:
My ex and I were never married and we have 2 kids together. He did sign the birth certificate. The children live with me full time and he does not pay a dime or see them. Now that I am about to get married and move, my fiance is in the military, he all of a sudden wants to be in their lives. Also my 3 year old never wants to see him. My new fiance is being sent overseas and wants us to come with him. 1. What rights does my ex-have? (we have never been to court) 2. Can he prevent me from leaving the country with my children? 3. If he is about to be placed on child support, what rights does that give him?
1 ANSWER
NA smsattorney@gmail.com
Assuming there is no custody order in place than 90% have custody of your children. If he is also not registered on Fathers Associations/etc to defend his parental rights, then you are considered to have 100% of custody. A lawyer should be able to evaluate this for you. If he is on child support, he has the right if he wants to see the children, and you both must work together to see the best interest of the child. He can certainly foil all your travel plans if he comes to know that you are about to leave the country with his kids. Which will be like you are taking away his kids from him on purpose. This is what his lawyer will try to prove. You should have an attorney to discuss your travel plans to ensure everything goes smoothly. You can try to petition the court for custody and permission to leave the country with the kids but it will only complex things. Working with a lawyer that can understand what you want to do will help you in the long run.
Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.
Answered on Dec 30th, 2017 at 7:56 PM