Legal Question in Family Law in South Carolina

I am trying to get visitation with my three children. An order has been signed stating I am granted reasonable, liberal visistation upon agreement with the mother. Problem is that the mother will not agree in any circumstance. I filed a motion to show cause and contempt papers. The mother works for the attorney that is representing her so at the trial neither showed because they filed a continuence. I am going pro se because of my finance situation. The clerk of court workers gave me more papers to fill out. One is a summons and notice. The other Is a petition for visitation. However the wording is wrong. I never married so is okay to change the wording on the petition? I already pay child support at$256/month. However the papers require a financial declaration. Why? Any help would be greatly appreciated. I haven't been able to see or communicate with my kids for over year now.


Asked on 7/10/12, 9:39 am

1 Answer from Attorneys
Barbara Strowd Barbara A. Strowd, Attorney at Law

Yes you can change the language of the petition. Just make a single line through the incorrect language and write the correct words above the crossed out section then place your initials next to the changes. You could also draft your own petition. That way it will say exactly what you want. The family court requires a financial declaration for all family court cases. The mother will also have to provide one to the court. Filing a petition for visitation is the best way for you to get visitation with your children as your current order does not specify a schedule. You may want to at least have a consultation with an attorney to discuss the correct way to draft a petition for visitation. You may want to attempt to draft one and bring it to the consult so the attorney may make corrections for you. They may also be able to give you advice on how to prepare for your court hearing. Good luck.

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Answered on 8/31/12, 6:10 am


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