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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My grandson had been living with myself, his biological grandmother

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My grandson had been living with myself, his biological grandmother and my husband, his stepgrandfather for over 1 year. The mother was nowhere to be found and the father came by maybe once a month for an hour. We were told in the state of South Carolina that grandparents have no rights, that it would cost a lot of money for lawyers and we would most likely never gain custody of him. Well after a year of his mother not seeing him my son and her tried to work things out. After living with each other again with their son. My son had her arrested for Crimial Domestic Violence. My son brought my grandson back the same day to live with me and my husband because he felt as though the baby, 2-1/2 years old, would be safe. I contacted an attorney who told me that if she came around to get him i would have to let her have him and if I didn't I could be charged with kidnapping. Sure enough she got out the next day from jail, comes to my house, grabs her son and disappears. Its been 2 weeks. Help
Im sorry to hear about the situation but the attorney was correct as stated. A court may grant visitation if one parent is deceased, or the parents are divorced or separated. However, custody is a different situation. The court must consider the relationship between the grandparent and the child, as well as the parent and the child. Your best viable option is to have you son seek custody of the child on the basis that the mother would not be fit due to the Domestic Violence issue. Should your son get cutody then he could allow the child to reside with you under a voluntary Guardianship option.
If she has disappeared where not even the father can locate the child then that makes the claim for the father (your son) even better because he can raise the issue of parental alienation.
Customer: replied 8 years ago.
I have tried to contact my son several times and he will not return my calls. I have given him so many leads on who to call and where to go including the number to legal aid and past the information that you have given but he will not do anything. Isn't there anything we can do? If not, Do I need to lobby the legislator to pass a new law in SC to get someones attention? If so I'm ready to take on that task but I need to get some direction to make this happend. Please help.. We miss him so much. Its breaking our hearts.
Unfortunately unless/until the child is determined to be neglected by the mother and removed by children services, there isn't anything else you can do. The father would be the one who has the rights but he's not acting upon those rights. You can and should lobby your legistlator but there may not be any immediate result for your situation. You can always google grandparent advocacy groups in your area as they may be able to assist in the lobby area. You would definately need to reach out to your state senator and congressman to effect any change in the law. Here is the link to your state legislature
I wish you the best.
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