Legal Question in Family Law in South Carolina
I am divorced and my ex husband has custody of our four year old son. Now that i am divorced i am in a stable relationship out of which another child has been born. Neither of us have plans to remarry as we have both dealt with a nasty divorce. Now that we have an infant we are living together. My boyfriend has no criminal background, treats my son the same way he does the child we share and there are no reasons why he should not be allowed to be around my son. My ex is denying my overnight visitation based on the following portion of our agreement:
"The parties are restrained from having the child on an overnight basis in the presence of an adult party of the opposite sex to whom the parties are not related by blood or marriage, or any lover/paramour. Neither party shall expose the child to conditions which imply a relationship such as boyfriend or girlfriend, paramour/lover, or some type of improper relationship while the party is still married to the other person."
My question is whether I am in contempt or if he is, and wouldn't it make him a blood relative since he fathered my sons sibling? I feel like it would be counter productive to take either child away from their parent.
1 Answer from Attorneys
It is likely that the Court would find that you are violating the term of the prior Order, because you are not a blood relative of your boyfriend's -- your child together is, but he is not. The term in that order is intended to prevent cohabitation, as most judges believe that it's not in a child's best interest.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
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