Legal Question in Family Law in South Carolina

my wife and I recently had to move in with her mother into her 4 bedroom home due to finances. we currently opperate under a joint custody situation where her ex hsa primary custody and we have everyother weekend visitation. My wifes mother is in a long term dating relationship with a man who lives over and hour and a half away and sometimes on the weekends he spends the nights in her room rather than drive back and forth at such late hours. My wifes ex recently decided to take her to court on contempt charges for violating morality clauses in the divorce decree stating that the parents will not allow the children exposure to improper acts. Does this violate a moriality act in sc? and if so does the fact that this father allowed his 7 year old son to play grand theft auto for over a year until a teacher got word of it and confronted him have any weight to offset his alligations? and finally, if a judge does rule against my wife, what can he do to her? there's nothing outlined in the paperwork defining consequence.


Asked on 4/02/11, 8:56 am

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

Whether either of them is violating the Order depends on the specific terms of their Order. Without seeing the Order, it's not possible to say whether either are violating it. The penalties for willful contempt can include (a) fine of up to $1,500, (b) up to a year in jail, (c) up to 300 hours community service, (d) payment of the other party's attorney's fees and costs, and/or (e) requiring the offending conduct be corrected and not repeated.

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

Read more
Answered on 4/02/11, 4:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina