Legal Question in Family Law in South Carolina

Yes you can bring up the abuse. You are going to have to explain to the judge why you did not bring it up before. It appears that you are saying that when you divorced husband received either visitation or joint custody. You did not prevent him from being around the children even though you had knowledge of his abuse. Did he abuse the children? If he did then it will be extremely difficult for you to explain your actions in the divorce. In the current situation, make sure a Guardian ad litem is appointed to represent the interests of the children. You may request a psychological evaluation of father due to the abuse. You can also request a custody evaluation. When you are in Court you need to ask for both of these. Since there was abuse and you are broke, you may contact "South Carolina Legal Services" (just search for the title on the internet) as they may be able to provide you with an attorney and it is free. Even though you are broke you must fight for what is best for your children. You really need an attorney. If you do not qualify for free legal services, you need to find a way to get the money for an attorney to help you fight this action. Has you ex-husband ever abused the children? If he has you need to make sure the Court knows that and the Guardian ad litem must know too. The Court takes several factors into consideration when making a custody decision, but the Court's paramount concern is the best interest of the children. It is best to let the Court know everything that you know that affects the interests of your children, including the prior abuse. Please at least have a consultation with an attorney to get some advice. I hope this all works out for you.