Legal Question in Family Law in South Carolina

Family Law

My husband and I have been married since 5/10/2007. We have a 9 1/2 month old son together and I have a 14 year old son from a previous marriage. Our problems have esculated over the past year to being completely unbearable. He screams and yells at my 14 year old calling him a ''fucking punk'' an ''asshole'' a ''mother fucking lazy ass''. He tells him he needs to move out. He tells him its no wonder his dad doesnt want to see him (his dad has not seen him since he was about 4) He tells him he wouldnt ''piss on him if he were on fire..he would roast marshmallows''... That is just a sample...He calls me a whore and a cunt, etc. He tells us both that this is his house (because it is in his name) and that we need to get out. He takes the keys to the car away from me all of the time. He tells me I will never see my 9 1/2 month old again and that he will find him a new mommy. Again, this is just scratching the surface. My question is: Can I just leave with my boys?? How do I obtain legal services with no money?? He has all of the money. Will I lose custody of my 9 1/2 mo old son because I have a criminal record for theft. I had my baby with me at the time. I have since had counseling and I want to build a good life for my boys. Please help.


Asked on 10/14/08, 9:45 am

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

Re: Family Law

You can leave any time that you desire to do so. You can take your sons with you, though at this point both you and your husband have equal legal rights to the baby until the Court says otherwise.

In a situation like this, the keys are to (1) try to document and get as much proof of these things as you can, (2) make sure that you and your children are safe, and (3) file an action with the Court to let the Judge deal with his conduct and the legal 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 10/14/08, 1:02 pm


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