Unwed Fathers Rights

This is a discussion on Unwed Fathers Rights within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; State: SC The mother of my child and I split up several months ago, we have a 20 month-old child together. We were never married. I have contacted an attorney ...

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  1. #1
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    Unwed Fathers Rights

    State: SC

    The mother of my child and I split up several months ago, we have a 20 month-old child together. We were never married. I have contacted an attorney to set up custody/visitation rights and child support, however, as of right now I do not have the funds to pay for the upfront fees to file the appropriate papers and get things started. I'm a full-time student and work two part-time jobs, but it will still be at least several weeks before I can afford the legal fees.

    I have always supported my child and bought her everything shes ever needed. After we broke up, my ex moved in with her parents and just recently moved into a condo (which her dad owns as well), where she and my daughter are living. As of now, I see my child several days a week, but I have no set schedule and my ex sometimes makes it difficult for me to see my child. I always have to visit my child at my ex's, and she refuses to let me pick her up.

    Recently she has been talking to a man online and has made plans to visit him (he lives in Chicago, we are in SC) for New Years and plans on taking our child with her. Of course this makes me very uncomfortable, as I do not think it is not in the best interest of our child. Can she legally take our child out of state without my permission? She has also stated that she wants to move there and sometimes threatens to keep me from seeing my child. I'm afraid that she is going to go there and not come back. She has no friends or family there, both her and my family live here.

    What exactly are my rights until we go to court? Can I prevent her from taking our child with her? Can she legally keep me from seeing our child and do I have the right to pick my child up for a short period of time and bring her back? I am on the birth certificate and we went to court for an order of paternity where I acknowledged that I was the father, we did this so my ex and our child could stay on medicaid. I have also tried Legal aid but have yet to actually speak with someone after calling dozens of times over the past two weeks.

    What she is talking about doing is complete madness, and I don't see why my child could not stay with me while she visits her "boyfriend." Any advice would be appreciated.

  2. #2
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    Since there is no court order in place, I don't believe you can prevent her from leaving the state or moving. Keep trying to call legal aid clinics so they can help you with this matter.
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