Can A Father Take Possession Of A Child Without Permission

jazz · #1 02-27-2005, 08:27 PM

The father of my 3 year old son was told by police that he has the right to take my son without my permission because he is the biological father. Is this true even though his name isn't listed on my son's birth certificate? But he does have his fathers last name.

Anonymous · #2 02-27-2005, 11:21 PM

The father told you that the police told him this? Or you heard the police tell him this?

You state that your son has his father's name - so presumably he is to at least some degree acknowledged as the child's parent. Has a custody and/or support been entered? Were you cohabitating as parents for a period of time preceding this dubious "advice" from the police?

If you don't have an order formalizing custody and parenting time, it sounds like time to petition for such an order.

cmurkison · #3 08-14-2007, 02:54 PM

I know in the state of South Carolina, where I reside. My childs biological father was able to abduct my son at the age of 2 months, and when I called the police, they said he had every right to take him. I did not get my son back until a week before his first birthday, with no help from any authority. And my son has had emotional, behavioral, and speech delays, because of maternal seperation disorder. Please do not let this happen to you. Take any legal precautions you can ahead of time to ensure the safety of your child. Over protecting your child is worth all the time and energy put into it.

Just Breath · #4 08-14-2007, 09:56 PM

It has been my understanding that, if the parents of the child were never married and no custody or support order is in place or pending, that only the mother is automatically considered a custodial parent of the child.

Just Breath · #5 08-14-2007, 10:00 PM

Quoting Anonymous

You state that your son has his father's name - so presumably he is to at least some degree acknowledged as the child's parent.

Again, my understanding is that the child's last name has nothing to do with paternity or custody. The mother can name the child anything she wants.....but if no man is identified as the legal father on the birth certificate or an acknowledgment of paternity or court order, then the bio father (assuming they were never married) has no right to possession.

Can someone back me up or correct me?

Just Breath · #6 08-14-2007, 10:02 PM

Dang! I just noticed that the original post is over 2 years old! Doh!

Baystategirl · #7 08-15-2007, 06:28 AM

Quoting Just Breath

Dang! I just noticed that the original post is over 2 years old! Doh!

Don't you just love it when poeple necro-post??

aaron · #8 08-15-2007, 08:46 AM

One way or another, since it has been asked....

Quoting South Carolina Code § 20-7-953. Jurisdiction; custody of child; exclusion of public; nature of proceedings; competency to testify; compelling attendance.

A. Any person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this subarticle with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by service of process outside this State in the manner authorized by the provisions of Section 36-2-806.

B. Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity.

C. All actions commenced under this subarticle must be dealt with as separate proceedings before the court without a jury. The general public is to be excluded from these proceedings and only those persons whom the judge finds to have a direct interest in the proceeding or in assisting the court in its work are to be permitted to attend.

D. Any proceeding commenced under this subarticle is a civil action. The natural mother of the child and the alleged father are competent to testify and may be compelled by the court to appear and give testimony.

Just Breath · #9 08-16-2007, 12:12 PM

Thanks!************

cmurkison · #10 01-03-2008, 12:55 PM

Aaron, very nice. It actually almost made me sick to my stomache to know that an officer in uniform blatently lied to me about a law that I am very sure he was knowledgable about. It's no wonder I had to take matters into my own hands putting mine and my families lives in danger, to get my son back. And my son pays for it every day. Thank you for the info. Seriously looking into a lawsuit.