Legal Question in Family Law in South Carolina

Re: Joint Custody

If you can show that you were not properly served with notice of that prior action and the hearings, then you can move to have that Order set aside as it applies to you. In that case, you can then seek custody yourself or any other relief that you desire.

You did not specify what length of time has elapsed since all that happened, but the time factor will be considered and may come into play. In other words, if you have known about the order for a long time but failed to do anything to protect your rights, the Court may limit your ability to do so now.

As far as the Order itself, if they are violating its terms, you can ask that they be held in contempt of court. However, your approach on the validity of the Order may limit your ability to pursue this option. In other words, these issues are inter-related and your decision on one aspect of it may affect the other as well.

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