Legal Question in Family Law in South Carolina
My ex wife is planning to move in with her boyfriend. We have shared custody of our child and our divorce agreement doesn't mention over night stays with someone of the opposite sex. I don't want my child living in that situation. Is their any laws in South Carolina that can prevent this even though our agreement doesn't mention it?
2 Answers from Attorneys
Many family court judges say that in South Carolina it is illegal and immoral to live together in a romantic relationship. Of course they are correct. Pursuant to Section 16-15-60 Fornication is a crime. Fornication is defined as living together without marriage among other things. The problem is that you will never find anyone that will prosecute for this crime because it has become more socially acceptable to live together. If the police had to arrest everyone living together they would not have time to do anything else. Your agreement does not include the restraint against overnight guests of the opposite sex, so you cannot hold her in contempt. If you are really concerned about your children being exposed to this relationship you should file an action for a modification of your custody order. I am certain that your ex will get married to her boyfriend if she has any clue that you are planning to do something about her living arrangements. I would recommend getting a private investigator to provide proof that she is living with her boyfriend. I also recommend that you meet with a family law attorney in your local area to discuss the forms needed for a change of custody.
There are certainly steps that you can take to protect your child, and you should certainly consult with an attorney to discuss your options.
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.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens