Legal Question in Family Law in South Carolina
I have physical custody of my three boys. When I went through my divorce with their dad it was stated that he is not to have any of his overnight guess or his partner at his house when the boys are there. Their father is gay and there is only one bed in his room. My youngest son has seen the two of them in bed. And I know his friend stays there.. My other two boys even tell me he stays there. I want to terminate his parental rights. He said he would sign the papers but as soon as I say that I am getting them he says he wont sign them. What can I do?
1 Answer from Attorneys
It is unlikely that the Court would terminate his parental rights over this, even if he consented, unless it was part of an adoption action. You can certainly file a contempt action though to have him held accountable for his violation of the Court's Order. You will need to obtain proof of his having the boyfriend overnight, and your child cannot testify in this case.
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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