Legal Question in Family Law in South Carolina

can he get custody??

my husband and i are about to go through with a divorce. we have three kids. he beat me twice and i called the police and charges were filled both times. he was also a frequent drinker and i have witnesses to this. i also suspected him of using or dealing drugs. although i have no proof of the drug part. he also was never home with me or the kids and would come in at all hours of the morning from partying with his mom dad sisters and brother. and he half pays child support that is court ordered now. he keeps threatening to get me for adultry when all i did was talk to a guy who ended up just being my friend. we never slept together or anything like that and it never went anywhere. i just want to know can he actually get custody of my children when he has charges pending of cruelty against him? he has me stressed out and worried. i am not a bad mom and i am the only person that has ever taken care of them. i am scared that he will get them and not take care of them and that they will all three end up just like his whole family, dead or in jail. so with all of his charges and the things that prove him incapable of raising three kids, can he get them over phone conversations if i am not a bad mom?


Asked on 3/18/09, 11:03 pm

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

Re: can he get custody??

You have raised several questions, which are very fact-specific and difficult to answer via email. In general, it sounds as though the Court would have more problem with than with yours in a custody case. Also, it is not clear whether he has enough proof of your alleged adultery. However, there is much more information that is needed to be able to give you any specific advice on these issues.

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 3/29/09, 11:45 am


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