Legal Question in Family Law in South Carolina
Non custodial parent using drugs in fron of children
My ex husband and I share joint custody of our children who are 10 and 12. My ex currently has a warrant out for him because he did not show up at a rule to show casuse hearing two months ago. He has managed to avoid being picked up. Recently my former father in law informed me that he had found evidence of drug use. My children confirmed it and decribed several different types of bongs and pipes they have seen their dad use and share with the neighbors children who are under the age of 13. He missed his last visit but the next one is coming up. Can I refuse to let him take the kids ? I cannot afford an attorney. Can CPS help ?
1 Answer from Attorneys
Re: Non custodial parent using drugs in fron of children
If he has a bench warrant issued for him, simply let the Sheriff's Department know when and where he is to pick up the children for the next visitation and let them take him into custody at that time.
To have his visitation reduced/modified/supervised, you will need to bring a new action. The Court can appoint a Guardian ad Litem, who can investigate the allegations you made.
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
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