I am full time college student and single mother who has been dragged into an unnecessary case for visitation of my eighteen month old daughter. I say unnecessry because I have never denied her father visitation, I just asked that he consider her well being and let her bond with him (he lives across the country). He has seen her once since her birth (when she was about eight months old). In my counterclaim I asked that the case be dismissed or in the alternative that he have to pay for me to get an atty; that a GAL was not necessary, but if the court appointed one that he be required to pay the entire fee; that he be granted reasonable visitation as agreed to by us within SC and his requested "liberal visitation" be held in abeyance until she attains understanding and has formed a bond
The rules for holding someone in default for not answering a complaint are different in family court than they are in civil court. As for the issues of child custody and visitation, the Family Court can still decide to do what it believes is in the best interests of the child even if the other party is in default. As for the remaining issues, you may be able to convince the Family Court to hold him in default.
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I agree with Mr. Futeral. If you are representing yourself, review Rule 17 of the family court rules, and consider getting and attorney, since it appears that you need substantive and detailed discussion about the facts of this case, and the paternal rights of the father.
This answer is for general advice and does not create an attorney client relationship with James Mosteller or the Mosteller Law Firm LLC.
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