Legal Question in Family Law in South Carolina

I was hoping you could settle a little dilemma my girlfriend is having with her ex-husband:

They just finalized their divorce this past Friday, here in South Carolina.

They have a 6-year-old son and split custody 50/50.

There is nothing in their divorce that says they can't have people of the opposite sex over, just that they have to raise their son in a moral environment, whatever that means.

Today her ex is threatening to oppose her if he finds out that she has someone (i.e. me) stay overnight when her son is there, and claims his lawyer relayed this from a judge.

My question is, does her ex have a leg to stand on? Now that they're divorced, shouldn't she decide what constitutes a moral environment in her home?

Thanks in advance for your insight on this...


Asked on 8/02/10, 3:48 pm

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

Typically, the phrase "moral environment" means no boyfriends/girlfriends overnight. If she thinks that she can argue that having a boyfriend overnight is moral and in the child's best interest, then good luck to her -- as most judges would not agree with her.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 8/09/10, 1:49 pm


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