Legal Question in Family Law in South Carolina
Overnight visitation: My boyfriend has custody of his two children. (My boyfriend and the children's mother were never married - only lived together.) We have been together for 3 years now and are not allowed overnight visitation nor any display of affection while in the presence of the children. Obviously, this makes having a relationship extremely difficult. Is there any chance of amending this part of the Judge Brown rules without having to get married? ie Moving in together...?
1 Answer from Attorneys
He can bring an action seeking to modify the prohibition on overnight girlfriends, but (a) it is highly unlikely that the Court would do so, and (b) the mother could use that as an opportunity to seek custody herself. It is a tough argument to make that it's in a child's best interest for his/her parent to have a lover overnight but not be married to that person.
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.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
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