This would require an order of a Family Court judge. A guardian ad litem would have to be appointed to represent the interests of the child. In SC, it is a presumption of law that it is in the best interests of a child to have both of the parents actively involved in their life and providing support for them. This is to preserve the family as best as possible and to allow the child to have the best possibility of having the most opportunities in the early life. It is also meant to prevent the child from becoming aburden on the state's social welfare system. The mother would have to be a party to the lawsuit and it would be more advantageous if she consented to the repudiation of rights by the father. Usually, the only time that a judge will do this is if the father has become incarcerated for a lengthy period of time or incapacitated to the extent that he could not make a meaningful contribution to the welfare of the child. When a mother has another husband who is willing to step in and take over these duties through adoption, the court is much more willing to allow the biological father to relinquish his rights. Once this is done, it cannot be undone!
If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.Ask a similar question
Sign up to receive a 5-part series of useful information and advice about child custody law.