Legal Question in Family Law in South Carolina

Visitation

I have care,custody and control of the minor child. The Court Order says''The Defendant shall pick up the minor child at the Plaintiff's home at 5:pm on his first day off and return the minor child to the Plaintiff's home at 5:00 pm on the second day thereafter.'' My question is do I have to let my child go with someone other than his father, the defendant, or can I require that his father be the only one to pick him up?


Asked on 7/17/08, 10:27 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Visitation

Most judges take the position that either parent can have someone assist with transportation. However, that person who assists must be reasonable and not have any problems (DUI, etc.).

You could take the position that since it says "the Def. must pick up" that it must be him and only him, but if the Court found that you were being unreasonable in that demand, it could be used against you.

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 7/18/08, 12:46 pm


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