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!
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