Legal Question in Family Law in South Carolina

custody issues

My boyfriend has two children from a previous marriage. When custody was determined during the divorce he signed a decree stating that he wouldn't have any females other than relatives or new wife in the home after dark if he had the children, therefore I'm not allowed there until we get married if it is his turn with the children. Is this legal, and if so how do we change it??


Asked on 4/14/02, 12:28 pm

2 Answers from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: custody issues

Usually the order will say that there is to be no overnight guests of the opposite sex and not related by blood, rather that there is to be none after dark. In any event, you will have a hard time changing it. If the ex-spouse will agree you may be able to do a consent order. Otherwise, I doubt a judge will agree to it. If this is hard to except, your welcome to call and I will discuss it with you. Robert Johnston 843-828-1137

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Answered on 4/14/02, 6:50 pm
Jes Beard Jes Beard, Attorney at Law

Re: custody issues

If you don't like it, marry the boyfriend. The provisions you mention in the divorce decree are not only legal, they are perfectly reasonable, and are apparently needed in cases like yours when their parent wants to have a boyfriend or girlfriend stay overnight around the kids. Stay-overs in the presence of the children are a very bad idea.

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Answered on 4/14/02, 8:02 pm


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