Legal Question in Family Law in South Carolina

verbal agreement/child

My ex girlfriend and I have a child together. We seperated soon after she was born. We have always had an amicable agreement to split the week up regarding our daughter. For 10 years, my daughter has spent at least 3 days out of the week at my house(including spending the night). I am now married and my wife has been a second mom to my daughter since she was one year old.

My ex now claims that my daughter ''prefers'' to remain with her except for Saturdays(which she will spend at my house) and this is very disruptive to me, my wife and our 2 children together. My ex is claiming that she is honoring my daughter's decision, but this not in my daugther's best interest in my opinion, and we all miss her very much. And she is only 10 years old and cannot fully understand the impact of only seeing her other family once a week.

What rights do I have and can my ex continue to keep my daughter from me except for Saturdays?


Asked on 9/11/08, 8:13 pm

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

Re: verbal agreement/child

She can only get away with this if you let her do so. Because you have been so involved with the child, you might be able to get custody if you like, but you can certainly have the Court specify the visitation periods.

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 9/11/08, 9:35 pm


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