Legal Question in Family Law in South Carolina
My ex and I have two children together, ages two and three. About a year ago we went to court for custody. He had a lawyer and I didn't. I brought in affidavits about his drug use, and asked for a drug test. I even volunteered to take one if he did. The judge refused to give him a drug test, he said it wasn't necessary and that he wasnt going to worry about that right now. He also gave my ex more visitation than he asked for, ten straight days a month. My ex was arrested for drug possession recently. My question is, can I sue anyone or file a complaint so that the court and judge are aware of the position they put my children in?
1 Answer from Attorneys
I would recommend that you file an action to change your ex-husband's visitation at this time. The family court was trying to look out for the best interests of your children and it would seem that there just wasn't enough evidence to convince the judge to require your ex-husband to take a drug test. Based upon his current charges it would appear that there may be a substantial change of circumstances. I would not recommend trying to sue anyone for the prior decisions. I would recommend focusing on the children's best interests at this time. Call a local attorney to discuss all of the details of your case.
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