Legal Question in Family Law in South Carolina

If your mother is seeking a restraining order against overnight guests of the opposite sex, it is almost certain that the court will grant the restraint. I am assuming it wasn't in the custody order. In South Carolina it is actually illegal to live together in a romantic relationship without being married. Marrying your fiance would correct that problem. Is your mother asking for a restraint against overnight guests of the opposite sex or is she asking for a restraint against having your fiance around at all? If she is seeking the latter, she will have a more difficult time getting the restraint against the fiance. She will have to prove that your fiance's presence is detrimental to your brother. Now, whether your finance's background will be a problem is difficult to say. It depends on the circumstances of the crime and whether there are other problems in his background, among other things. The judge will consider many factors in determining the best interest of your brother. Has your fiance truly just made one mistake in his past and has he completely turned his life around since that crime? If so, then marrying him may be the best move but there are no guarantees. I would suggest that you meet with a local family law attorney for at least a consultation. Sometimes these things can be worked out by agreement and having an attorney would certainly help facilitate an agreement.