Legal Question in Family Law in South Carolina
Child custody
I have physical custody of my 3sons. There father is allowed to have them for a minimum of 30 days in the summer...they left on May 26th and I want to go get them on July 12th he is refusing to give them to me until he is ready. He won't say a date. He only says he does not like me dictating to him when I will come to collect them. I feel that I have given him over the 30 days and being that he lives in Ireland they should now be returning so that they can get ready for school. And also my middle son has a summer camp for 5 days that begins on the 25th of July. What legally can I do to get them back.
1 Answer from Attorneys
Re: Child custody
The times/terms of his visitation depend upon the specific language of the Court Order. If it does not set a specific time, then the Court will most likely imply a "reasonableness" standard to determine how long he should have kept the children.
If you believe that he is violating the Order, then you can go and get the children. However, if you end up denying him time that he rightfully should have had, then you could subject yourself to being held in contempt of Court.
For reasons like this, you should make sure that your Order is very specific as to dates. If yours isn't, then you can certainly bring an action to clarify it to avoid future problems.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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