Legal Question in Family Law in South Carolina
Did I hurt my sister's custody battle?
My sister and her husband filed for divorce 3 years ago. They got back together after the papers were filed and neither one of them contacted their lawyers again. They seperated again and contacted different lawyers. The first case didn't go away, when it came back up in court my sister's lawyer couldn't get ahold of her to tell her the date so she withdrew and my sister missed court. Her husband was granted a divorce and full custody of their child. She was arrested for contempt and her son was ripped from her arms. Out of pure emotion I sent her husbands girlfriend a text message in which i said ''your a whore quit bugging me i'm afraid it will rub off'' I was very upset and emotional and now my sister's husband is saying I have sent over 30 messages and that I am harassing them. I really only sent one and can prove it. But I'm very scared that I hurt my sister's chances of getting to see her child again. How can i fix this and will it hurt her case? If I write a letter to the court saying I will never see my nephew again will that help? I'll do anything
1 Answer from Attorneys
Re: Did I hurt my sister's custody battle?
You do not mention which state the case was in, but I will assume that it was in SC for the purpose of this answer. If your sister didn't have notice of the hearing(s) you referenced, she may have a remedy by way of (a) seeking to have the order set aside or (b) possibly a malpractice claim against the attorney. Also, the fact that they reconciled might be used to try to get out from under this Order.
With regard to the email you sent, I don't see how it could be used against your sister for several reasons: (a) because the other case is already concluded; (b) she didn't write it; (c) it really wasn't that terrible anyway; etc. You writing a letter to the Court stating that you should stay away from the child _will_ hurt her because it makes you seem unstable.
Without knowing much more information, I cannot address these issues any further. However, I will say that these are complex issues, and it is very important that they be handled correctly and as soon as possible. Therefore, it is important that she consult an experienced family law attorney to find out what options are available to her based on the facts of her 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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