Legal Question in Family Law in South Carolina

New Order Ridiculous, can it be changed

I recently went to court for a new visitation order and am unhappy with the results. The old one was in NY we needed a SC order, where my 6 y.o. son lives. The new order has decreased my summer visit by 3 weeks. I now have every other weekend however 1 weekend a month at my home and 1 weekend a month by her home (we live 2 hours apart). I am now being forced to live in a hotel with my son and do not feel it is fair or healthy for my son. The reason is because the court feels it would be too much travel, however I do not agree. If he can do it once he can do it twice a month and be able to live with me under normal circumstances, not in a hotel, eating out, having no friends/family or familiarity. My son has asthma/allergies which I am concerned with the living conditions of hotels. What can I do? Is this fair?


Asked on 8/15/08, 5:43 pm

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

Re: New Order Ridiculous, can it be changed

You do not say whether the new Order is a temporary order or a final order. If it is temporary, then it can be changed at the final hearing.

If it is final, then your only option is to ask the Court to reconsider its decision and/or appeal -- however there are very specific timelines to meet with either of these options. You need to discuss the specifics of these with your attorney a.s.a.p.

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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Answered on 8/17/08, 3:32 pm


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