Legal Question in Family Law in South Carolina

child custody

We have a separation agreement on record for 4 months signed by a family court judge in SC. I have abided by the agreement to the letter & my situation has not changed. I currently have joint custody of my daughters with my wife. She is threatening to get a lawyer and come after full custody because she thinks she could have gotten more time with them when the agreement was signed. I currently have them 4 days a week. Our divorce will be final in 2 weeks, I filed based on the grounds of adultery. Should I be worried about her threats? Could she possibly have the agreement changed?


Asked on 9/28/08, 11:35 pm

1 Answer from Attorneys

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

Re: child custody

In SC, if your agreement has already been incorporated into an Order, then she will need to prove a significant change of circumstances in order to try to modify the custody/visitation terms at this point. Simply "changing her mind" will not be enough by itself.

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.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Read more
Answered on 9/29/08, 8:57 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina