Legal Question in Family Law in South Carolina
changing divorce/seperation child custody to equal
My US Navy husband, the non-custodial parent, got divorced one year ago. At the last minute his ex-wife changed the seperation papers to her okaying his visitation with the kids. In otherwords, for everytime he wants to get the kids, she has to agree with it. At first she made it sound like she would, but she hasn't. He is a great father & tries to keep the peace with her. We want to be in their lives, but don't want to have to wait for their childhood to pass for them to see how much we care. Her parents mainly take care of the two children, not her. We are just asking for split custody (holidays, summers, whatever we can get). The fact of not having ANY time with the children is absolutely heartbreaking! My husband regrets not thoroughly working out all of the details of the divorce. I just hope its not too late. What steps do we need to take to try and get split custody? Any information I could get would be very much appreciated. Thank you.
1 Answer from Attorneys
Re: changing divorce/seperation child custody to equal
The overriding guideline as to child visitation is the best interest of the children. I am unaware of any court which would think total absence of a father to be in the best interest of a child, unless there is some danger created by the visitation.
Consult a lawyer about returning to court to modify the visitation to something reasonable.