Legal Question in Family Law in South Carolina

confused

I have two children a 4 year old and a 2 year old the father has been out of the home for almost a year and just starting paying child support in nov. of 2006. he wants visitiation but has not done anything about getting it. i don't want him to have it i have letters from my sons doctor stating that it is not healthy for him to see his father what can i do about stopping him from getting the visitiation?


Asked on 2/13/07, 10:34 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: confused

You do not _have_ to do anything at this point, but if the father truly wants visitation, he will most likely file an action to ask the Court to order it if you will not agree to give it to him.

Also, he could decide to seek custody of the child(ren), and if he does so, he could use the fact that you denied him visitation against you in such a case.

The Court will look at all of the factors involved in either case, but typically the father will at least get visitation unless you can show that it is not in the child(ren)'s best interest -- which is often difficult to do.

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 2/13/07, 7:48 pm


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