Legal Question in Family Law in South Carolina

Contempt Action

The state of SC has the order and maitains jurisdiction over my case even though I have lived in NC with my daughter and current wife for 2 years. I have not sought a change in venue mainly due to the cost in having to attain counsel. However my ''x'' behavior has become very erractic. This is the reason why my daughter lives with me. My x has Visitation every other weekend. It was previously arranged to be supervised visitation once a month and my daughter was not to be left alone with my ''x''. However this never worked and her mother never supervised anything. Last year 2000, my X went back into court and asked that supervised vistation end and she be allowed visitation every other weekend. We decided to mediate this matter to spare cost and I was advised that what my ''x'' was asking for was not unreasonable so I agreed. Now I am starting to realize that this was a HUGE mistake after hearing stories of my daughters weekends, Several things that have happened lately are mentioned in the court order that are not to happen for ex: no over night male guest not related. Would a contempt action work and would I need an atty or are there other options.


Asked on 5/14/01, 5:28 pm

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Contempt Action

Venue would not be the proper term. South Carolina still retains jurisdiction, although South Carolina may lose jurisdiction over this matter if none of the parties have any contacts with South Carolina. If your ex-wife is violating the Custody/Visitation order, I would suggest you file a contempt action. If found in contempt, she faces one (1) year in prison and a $1,500.00 fine. Most South Carolina county jails are not nice places to stay, so a little time in there may change her attitude and behavior. I would suggest getting an attorney to handle that matter. You would need to be able to prove your allegations in Court, other than using your child's testimony. How would you prove she is having male visitors overnight?

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Answered on 6/26/01, 8:33 am


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