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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a child custody case next week in South Carolina

Customer Question

I have a child custody case next week in South Carolina against my parents who are my sons grandparents. I am having to represent myself because me and my sons father make to much for legal aid but do not make enough to hire a lawyer. My parents are claiming
that I am unfit because I came to Maine to visit my sons father. While I was in Maine I was offered a job. I told my parents that I was planning on moving to Maine but I was not expecting to find a job while I was on my visit. The plan was to have my son remain
with my parents for the rest of the school year that way we could get a place established for him to come up. My parents are also using my sons fathers criminal past against him. He was charged with possesion of child porn and was incarcerated for 5 years.
Now according to his realse he has to attend treatment which he has and his contract says that he is not allowed to have unsupervised contact with minors with the exception of his son. My parents lawyer has already told the judge that his probation officer
stated that he was not allowed near his son until he was off of probation in 2021. We later found out that was not true. A gurdian was appointed but she did not bother to travel to Maine because she felt it was unnecessay. I feel she is completely one sided.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

I would recommend repeating the probation officer for your husband so the testimony can be provided come over by telephone if need be, that the representations made to the court for the terms of his probation are not accurate. The key issue is that there is no prohibition with regard to living with your son and father. As long as parents are fit they have superior rights to children over grandparents under the 14th amendment of a constitution in the US Supreme Court case of Troxel v Granville.

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