Legal Question in Family Law in South Carolina

i have a 22month old. we were never married and he has been in and out of this child's life. ive had enough of him with this because its spiteful my phone erased the messages one of which he stated he filed this because i moved out n spoke to his mom about what he hasnt been doing. hes angry. theres so many issues to where im afraid to leave my son alone however i have never tried to keep my son away. ive allowed him to come visit anytime he wanted to. however if he shows up he likes to come at almost 9pm! ive even allowed him to get him a few times after him going on about he is changed n full of God. when i get my son back hes either soiled, very thirsty and hungry, hes crying uncontrollably, and just recently hes had a mark on his leg n arm which wasnt there before he left me. he states nothing happened which is a complete lie because where did the marks come from?! if he fell or something then where was he? hes known for falling asleep leaving him unattended @ 15 months and under. one recent visit he was a few minutes late in returning my son n ive known him for years it was obvious he was asleep! i could tell he just jumped up i sure he fell asleep on my son. he does nothing. he kicked us out of the home (which we barely lived but our furniture n some clothes was there due to me thinking he was cleaning up his act. i didnt stay completely due to his nasty living condirtions n complaining of me keeping it clean, etc) he drinks but now after the idiot attorney i have stating these things hes claiming he doesnt drink anymore which is a lie.

my attorney is telling me my issues arent enough to bring up to court. all i am asking is for supervised visits when he visits with my son.... im not trying to revoke all his visits however if the court grants that i would be fine with that! i want justice served. ive written state reps n senators because this is a horrible problem with so many parents trying to protect their children.

i ask him for nothing i simply moved out and went on. i spoke with his mother just to inform her of the move and that they was welcome to visit or i could meet them somewhere... next thing i know im being served for joint custody n visitation. throughouit this ive tried over and over with him, ive invited him to events with us since hes "changed" i just simply wanted to see this "change" n interact with our son. he shows up to nothing he has excuses he doesnt help financially. when i spoke with him about the marks he laughed at it. hes very unreasonable has anger issues and is being spiteful not even caring about who hes hurting. hes doing a good job at hurting me and thats all he cares to do, hes not looking at the fact that our child is in the middle of this and bing hurt. my son is suffering from anxiety according to his doc n i told him so he could stop this back n forth. he said "so what" and laughed. i have pics of the bruise but im being told its too broad of an issue, pics of beers everywhere n his home, pics of basty house, pics of him nearly dropping his nephew n the caption saying "child abuse". he grabs our son by the arm, he trips him up when he was just learning to walk n he would fall on his face, hes given him an open bottle of beer to hold like its funny, he plays video games n facebook instead of caring for our son i couldnt even take a shower or cook without something happening to my son. my son's lip was busted because he wasnt watching him, my sons been unattended in the bathroom all at 15 months or less, he has beer bottle tops, coins n my son nearly swollowed. theres emotional abuse calling me names n he says mean thing to/about my son like a child. he laughed because my son face was scratched (his own nails) n he threatened physical abuse on me, yells screams hits walls in front of our son. my son is now exhibiting that type of behavior.

my son is very advanced for his age everyone says so n im constantly getting praises. i take my time and care for him, im a student so im not just sitting around doing nothing and my family helps me n my son out sooo much! i live here temporarily im trying to find a good job n would love to relocated its so hard to find a job in sc! he doesnt want me to move he says hes miserable so he wants me to be too.

my son has no relationship with him even living in the home because he never did anything with him hed come in and go out drink. his way of playing with him is scaring him. my son runs from opening doors and is scared when people show their teeth which i believe is a result of his immature father, my son has a heart murmer. hes had cat scan for fluid on brain twice which was foind to be negative thank God. his father has never been to an appointment ever. he doesnt call and hasnt seen himnow for over a month. also i should add the incident where he told us to get out hitting walls threatening to beat me... he was driving drunk. he attempted to leave again n nearly killed someone driving past because he was backing up crazy he almost killed two innocent people. he kept running around outside like he was insane n he kept trying to get my son whilke he was drunk n out of control like this! i have a message from june of him telling me "when u have nothing over my head then what are you going to do?" does that hold any weight??!!! ckearly hes admitting to all this! i have no reason to lie. im so stressed. im back n forth to the doctor. im having heart issues. im only 26.

he and i have lawyers n now hes trying to get visits. agaiin i ask how does it look for me to get them supervised at least? what about me moving... the online visits? any help would be great! my son is my world!

also ive called the police twice recently, they couldnt do anything in sc cause theres no order which i think sucks with a child in danger!... he came here unexpected n appeared to try to take my son. after telling him to let him go repeatedly n my son crying mommy mommy i had to take my son out of his arms. also hes driven crazy with him in the car. and please understand these 2 things only happened because i allowed visits based off an agreement between attorneys ive just learned i didnt have to allow them so i stopped them after my son came back with the mark n never having food or drinks that i pack nothing is even touched. my son screaming hes hungry. im at wits end i need help!

his attorney scheduuled a temp hearimg. im new to all this. is it too much if i ask for supervised visits? do i really have to get child support money? he complains about it now n threaten to sue me for things (my things) i removed from the home after he kicked us out "you and him get out of my house" i have a witness. what do i need to do???


Asked on 8/30/10, 12:39 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

These are issues that you need to discuss with your attorney. If you are not satisfied with your attorney, then you may want to consider getting a new one.

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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Answered on 9/08/10, 7:31 pm


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