Legal Question in Family Law in South Carolina

contempt;kidnapping?

My ex and I went to court for an annullment.We also have a child. The judge ordered a continuation on grounds of illegitimate child and ex didn't want to give him back to me. He completely ignored the order, got remarried 3 days later, and will not let me talk, see, or have ANYTHING to do with our son. Can Anyone help me get my son back and file charges on my ex? I just want my son and an annullment. Please help?


Asked on 3/07/07, 12:01 pm

1 Answer from Attorneys

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

Re: contempt;kidnapping?

If the Court did not grant an annulment or divorce, then you are still married to him. If he has "remarried", then he is committing bigamy, which is a felony in SC. You can decide whether or not to notify law enforcement on that issue.

If there is no child custody order currently in place, then you and he both have equal rights to the child. He can try to keep the child from you, and you can try to keep the child from him.

You mentioned filing contempt charges against him, but you don't mention any underlying order which is being violated, so I cannot really address that issue without much more information.

The "answer" to your case is to find an experienced family law attorney to handle your case and to push for custody in court. All of the back and forth and/or trying to do it yourself simply won't work in a case like this, and your son will continue to be caught in the middle and suffer until and unless these issues are properly resolved.

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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Answered on 3/07/07, 12:21 pm


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