Legal Question in Family Law in South Carolina

My girlfriend has 3 children with her ex husband. They have a custody agreement stating he will have the children every wed and thu and every other weekend. He has not been getting the children the past few weeks due to some different excuse eavh time, thus leaving us havung to keep them on his days. Is this a violation that can be forced for him to start getting them on his days? And for example one excuse he has no babysitter. . .Isn't it his responsibility on his days to provide this?


Asked on 9/20/12, 9:39 am

1 Answer from Attorneys
Barbara Strowd Barbara A. Strowd, Attorney at Law

You cannot force him to visit. I know it may seem unfair that you cannot force him to take the children but if you keep the children from him your wife can be held in contempt. If he has been given a reduced amount of child support because of the number of nights he has the children, this may be the way to make him visit. I would suggest keeping a calendar of the nights he actually takes the children. If his failure to take the time he is credited for has become or becomes a regular pattern then you may want to file to have child support recalculated to represent the correct schedule. If you think it may help, you could tell him that if he does not take the children per the order, then you will be filing to have child support recalculated. Keep the calendar and take it to an attorney to discuss your options.

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Answered on 9/21/12, 5:21 am


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