Legal Question in Family Law in South Carolina
Getting visitation dropped
My ex husband,has got visitaion every 2 weeks,but i got full sole custody over my daughter. He has got a past history of felonies,because, he tried to kill me and my daughter,but he still gets to see her every 2 weeks.But when he picks her up on his visitation time he drops her off at his dads house,or who evers house,he want keep her himself. My daughter dont want to go with him.She is still scared of him,because of his past actions. I have talked to dss about this and they told me to get a lawyer and take him back to court to try to get his visitation dropped.Also, he is currently behind on childsupport which is court order.He has a court date april the 6th. My daughter call me from wherever she is dropped off at to let me know where she is,and most of the time it is with his father and his wife.Everyone knows that he does not keep her.I have called him up plenty of times wanting to talkto her and he has told me his self that she is at my dads house.My daughter wants to be able to tell the judge herself that she dont want to go over there ever again,but i know that the judge want let her come to court and testify. Please,help me o give me the best advice. I have got to get something done soon about him seeing her.
1 Answer from Attorneys
Re: Getting visitation dropped
Custody and visitation cases are based upon the concept of what is in the child's best interest. Typically, most judges will not speak with a minor child, as there is usually a Guardian ad Litem to convey the child's wishes / preferences to the Judge.
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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