Legal Question in Family Law in South Carolina
What are my rights to my child?
My x husband has custody of our son for 5 years now. I'm about to be married and my x has filed a contempt charge against me for not obey the court order of not having over night guest of the other sex unless related by blood or marriage. Question is if he lives here dose that make him a over night guest?
Why does the court and judges look down on living in partners. I pay my child support I have not abused my child in anyway. Why can't I live my life and visit with my son without problems from my x and his wife? 2nd question, I have been refused several visitations through the years. Can I hold him in contempt? 3rd question during this time of waiting for the court hearing for my contempt, Is he aloud to refuse my visitations, because I have not seen my son in over a month.
1 Answer from Attorneys
Re: What are my rights to my child?
I'm only licensed in Tennessee, so you might want to check with an attorney licensed in your state before acting on my advice, which is based on what the answers would be in Tennessee where I am licensed.
Having your boyfriend move in with you does NOT mean it is a violation of the court order against overnight opposite sex visitors with you when you child is with you.... to even suggest that indicates that you are not serious about following the court order, and don't particularly care about your child. Say something like that in court, and a judge will have your head.
You can't "hold your husband in contempt" but you COULD file your own petition for contempt against him, asking the COURT to find him in contempt.
No, he shouldn't be denying you visitation.... but so long as your live-in is there when he is denying the visitation, the court may agree with what he is doing.
Judges are likely to conclude that your behavior indicates you think more of having a man in your bed than having your child in your life.
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