Full question:
I am currently divorced and remarried. I have a son from my first marriage who bears my maiden name. His father showed up three years ago and just found out that he does not have his last name. He stated that he wants nothing to do with him. I do not have a court order for child support nor will he come to town so that I can get one. What must or can I do to either get him to sign over his rights or get child support, and must he be present due to the fact that we are in two different states? I also do not have a current address, only a cell phone number.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: South Carolina
Answer:
To modify child support or terminate parental rights, you will need to file a petition in the family court where you reside. In South Carolina, you can seek child support at any time, even without a court order, by filing a petition. If the father lives in another state, South Carolina's laws allow for interstate enforcement of support obligations under the Uniform Reciprocal Enforcement of Support Act (URESA). This means you can initiate action for support in your home state, which can help bypass the need for him to be present.
For child support, the court will typically require you to show a significant change in circumstances to modify any existing orders or establish new ones. If the father has abandoned his parental responsibilities, you may also pursue termination of his parental rights. This process requires you to demonstrate that termination is in the child's best interest, which can include factors like abandonment or failure to support the child.
In South Carolina, the family court has exclusive jurisdiction over matters related to child support and termination of parental rights (S.C. Code § 20-7-400). If you cannot locate the father, you may be able to serve him by alternate means, such as through publication, depending on the court's rules.
For further assistance, consider consulting a family law attorney who can guide you through the process and help you understand your rights and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.