South Carolina Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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US-00877BG
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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

Child support does not end automatically. You will need to file a motion or other court action to terminate the support obligation.

By default, South Carolina grants sole custody of a child to the natural mother if she is unmarried. Unmarried fathers can only petition the court for custody when their paternity is legally acknowledged or adjudicated.

There are two ways to terminate parental rights (TPR) in SC ? voluntary and involuntary. There are several reasons for termination of parental rights. Although adoption is the most common reason, TPR can also be pursued in rare cases where a child is at risk of harm from the parent.

§ 63-7-2570(7). "Abandonment" means a parent or guardian willfully deserts or surrenders physical possession of a child without making adequate arrangements for the child's needs or continuing care.

Per Section 63-30(8) of the South Carolina Code of Laws (2008), relinquishment means ?the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the ...

Section 63-9-310 of the South Carolina Code of Laws, as amended, lists the individuals and agencies that are required to give consent to an adoption. One of the individuals that is required to consent to the adoption is ?the adoptee, if over fourteen years of age, except where the court finds that the adoptee does?

Once the child is 12 years old, they can start to voice their preference of parent to live with, but the court will still take into account the child's age, ability to show preference, maturity, and their experience in choosing which parent to live with.

If one parent abandons the child and does not visit the child or contribute financially to the child's upbringing for a period of at least six months, you may have grounds to seek a termination of parental rights.

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South Carolina Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights