Legal Question in Family Law in South Carolina

My first child's father served me for custody of her in 2010, basis of my ex husband being a violent and dangerous man. There was another case going on at the same time with my ex and DSS due to molestation. He was kicked out of my home immediatley and my first child's father was not granted custody in his case, he actually dropped his case the day of the final hearing ( and alse he was living at his mothers house the whole time he was trying to get custody of her, living with his girlfriend, they got married the day before the final hearing and got an aprtment that same week) and settled with me. I have not dated since I divorced in 2010, until now. He is threatening to serve me papers for custody again because he does not want any men around his daughter, he said my ex molested her and he has no clue if any other men who are around her would do the same. She is NEVER left alone with my boyfriend. He does not stay overnight when she is home. And this summer, I have let her go to her dads more than our order stated for his allotted time. He is telling me he has a PI watching me ( I have spoke to Pi's before and they tell you not to tell the other party about them, so I do not understand why he would throw that at me if it is or isnt true? ) Says his PI has pictures of my boyfriends car at my house while our daughter is home. His car may have been at my house on a night he thought she was home, she has stayed the night with my grandparents a good bit this summer, so he actually has no idea whether she was home or not, and they will testify to the dates of when she was there. My boyfriend and i have thought about marriage, but just not sure yet. I know if we were to get married, he would have no case, but if we didnt get married, he would still have to prove me being in contempt of the Judge brown order. The father also said his attorney told him the section III D in the JB order says that I cannot have the child around anyone at all that Im in a relationship with or that can be construed that way. And Ive read it and to my understanding, that is if youre married, not to have the child/ren, around someone youre in a relationship with, is that correct? I am not married, and I am allowed to date and have my child around them as long as it is not overnight while the child is home.

Does double jeopardy pertain to family court? He is trying to get custody AGAIN. but it is on slightly different terms now. He has not filed the papers yet that I know of. He told me i had two choices, settle with him out of court or he would serve me papers and see him in court. His settlement offer was for me to let our child live with him for one school yr, no change in custody terms, just let her live with him for one school year and let her decide if she wanted to come back home. He said he would still pay me child support as well. Does this not sound odd? I am confused about the whole situation. Any advice?


Asked on 8/01/12, 6:43 am

1 Answer from Attorneys
Barbara Strowd Barbara A. Strowd, Attorney at Law

I can understand why you are confused. It would be very odd for someone to pay child support for a child living in his home. I think that he may be telling you that so you move your daughter into his home and then he will serve you with custody pleadings that say she is residing with him. If you have a court order that says that you cannot expose your daughter to overnight guests of the opposite sex--I would recommend that you follow it completely. As to double jeopardy for custody, no there is no such thing. Any time there is a "substantial change of circumstances" either parent may ask for a change of custody. I would not recommend changing custody without presenting an order to the court with the change. I think you need should consider what is in your daughter's best interest and if her best interest lead you to change custody then please consult with an attorney before you do anything else.

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Answered on 8/03/12, 11:45 am


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