Legal Question in Family Law in South Carolina

Help - Visitation Rights outside of state

live in SC my child's father lives in MA. He has mental illness has been hospitalized several times is currently on medication and seeing a psych doctor. He has threatened my life on numerous occasions. I have had two restraining orders against him for shooting out my car windows and setting fire in my home with my child in my arms. He has had numerous restraining orders from other women including his mother. He has also had an open DSS case for an older child with another woman. Will the court allow him to petition the court for visitation w/out my presence and outside of SC. Can I ask the court to block visition due to his mental status and threats on my life. His current live-in girlfriend does not accept or like my child and has threatened to harm her. He insists that I allow my child to be around this person. My child will be 2 in a few weeks and cannot communication for herself if she is in immediate danger. Can he petition MA courts or does he have to file in SC? Should I initate the court a petition to block visitations?


Asked on 7/21/08, 12:10 pm

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

Re: Help - Visitation Rights outside of state

He cannot be prohibited from filing an action, but the likelihood of him succeeding in such an action is a different question altogether. Assuming you can prove the allegations you listed, it is very unlikely that the Court would allow him unsupervised visitation with the child anytime soon, if at all.

If the child has been in SC for over six months, then SC will most likely have jurisdiction over any child custody action that he could file. Of course, there are exceptions to every rule, but the six month rule is the general rule.

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 7/22/08, 10:15 pm


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