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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115497
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need to know my rights as a mother in south Carolina. I

Customer Question

i need to know my rights as a mother in south Carolina. I was incarcerated for two weeks and while in jail, my mother and father in law took custody of my child and i can only have supervised visits for one hour a week and they will not let me talk on the phone with her when i call.
JA: Has anything been filed or reported?
Customer: They went through SC DSS while i was incarcerated because Defax in ga was building a case against me prior to me going to jail for a driving under suspension charge from 2012.
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes just a second, let me gather my thoughts, just one second please. thanks!
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
also i failed a drug test for methamphetamine, only failed one
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, you have a civil right to your child UNLESS you are proven unfit by clear and convincing evidence, see: Troxel v. Granville, 530 U.S. 57 (2000). However, if they have evidence of substance abuse issues, not just the drug test but prior DUI or a driving while suspended, the court and child services can use this as having you proven to be unfit. Thus, the court can insist on supervised visitation until you go through treatment and sufficiently demonstrate to the court and child protection that you are no longer unfit.
Until you prove to child protection and the court you are not unfit to parent the child, they will continue to deny or restrict access to the child.
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