Legal Question in Family Law in South Carolina

custody and divorce

My husband and I are getting divorced. We have already been to court for the temporary custody hearing. In the court order it says I'm to have visitation in his home everyday after school and all other visits are to be as agreed to by the parties. My husband is telling me I can only see my daughter after school until bedtime and that's it. My question is , can he legally refuse to even discuss other visits when it's written in the court order that we have joint custody? He was awarded primary custody. He also tried to have me blocked from picking up at school and at her daycare. I knew he couldn't do that though because the court order states that he or I will trasport the child to and from the visitation unless a third party is agreed to and I refuse to let any one besides my husband or myself pick her up. Please help, I feel like I'm being shoved out of my daughter's life because I can't afford an attorney and he can.She is only six,almost 7 and I've been a stay at home mom with her untill 6 months ago.


Asked on 9/12/08, 5:56 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: custody and divorce

If the Order doesn't specify additional visitation, then he "can" attempt to deny you other contact with the child -- for so long as you let him do so. The way to correct this situation is to document the times that he is denying you, and then get back into Court to have the Court rectify the situation.

Also, if he has an attorney and you do not, you are up against very steep and unfavorable odds. You should take the necessary steps to obtain the best attorney that you can afford. If you do not, then it is very likely that he will prevail in this case.

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

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Answered on 9/14/08, 12:56 pm


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