Legal Question in Family Law in South Carolina

divorce and custody of children
my husband and i are posibly going through a divorce. he is in the military and we have 2 kids. he is currently in korea and i take care of our children without any financial support from him. he told me that he is going to take the kids from me and give custody to his parents if i dont come to germany with him, which will be his next duty station. he also told me that if i was to move out of his parents house he will call the police and report a kidnapping. is this possible? he is currently not in this country and im a very responsible mother. im worried that he might get costudy since im not a us citizen and he does serve for his country right now. please give me advice because i really dont know what to do. thank you

Asked on 3/29/08, 9:31 pm

2 Answers from Attorneys

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

0 users found helpful

0 attorneys agreed

Re: divorce and custody of children

First, it is important to remember that at this time, both you and your husband have equal rights to the children. Therefore, he cannot force you to send them anywhere, nor can he have you charged with kidnapping your own children. It sounds to me as though he is a bully and that he typically gets his way with that tactic. Getting the right attorney will make a big difference for you 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

Answered on 4/01/08, 10:37 pm

Mark as helpful