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custody agreements South Carolina

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  • custody agreements South Carolina

    I live in South Carolina. My ex and I have been split up for almost a year now. We've never been to court or anything over custody. He's on the birth certificate and she has his last name. We both signed a paper at the hospital establishing paternity. He's been with his girlfriend for 9 months now. They yell and cuss at each other when they are fighting while my daughter is standing right there. It's even been to the point of her throwing dishes because they were fighting while my daughter stood there and watched. We have been working on a custody agreement but can't come to an agreement on no significant others around our child. I want to know what my rights are and how to go about getting it put into our agreement no significant others during our visitations? If we can't come to an agreement and have it legalized what are his rights as it stands now?
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  • #2
    Honestly? I think this is far too complex for us. I think you really should contact a lawyer in order to preserve your rights (as some places have statute of limitations for different issues). If you don't act now you could lose out.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    • #3
      Originally posted by howell8411 View Post
      I live in South Carolina. My ex and I have been split up for almost a year now. We've never been to court or anything over custody. He's on the birth certificate and she has his last name. We both signed a paper at the hospital establishing paternity. He's been with his girlfriend for 9 months now. They yell and cuss at each other when they are fighting while my daughter is standing right there. It's even been to the point of her throwing dishes because they were fighting while my daughter stood there and watched. We have been working on a custody agreement but can't come to an agreement on no significant others around our child. I want to know what my rights are and how to go about getting it put into our agreement no significant others during our visitations? If we can't come to an agreement and have it legalized what are his rights as it stands now?

      His rights will be to have whomever he chooses around his child, unless you can prove to the court - and I mean prove - that she's a threat to the child and either shouldn't be around the child at all (not likely) or shouldn't be left alone with the child (more likely, but still not likely).

      You can request a "no paramour" clause, but that only means that girlfriend can't sleep over when it's Dad's parenting time. And the same clause will apply to you.

      What you're asking (no SOs present at all) is, frankly, unreasonable.
      Last edited by Dogmatique; 02-01-2013, 08:29 AM.

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      • #4
        Originally posted by cactus jack View Post
        Honestly? I think this is far too complex for us. I think you really should contact a lawyer in order to preserve your rights (as some places have statute of limitations for different issues). If you don't act now you could lose out.

        There would be no SOL for this type of thing. What would happen would be that the court would decide that Mom acted early enough AND she has proof, or that she's sat on it for too long (hence it's no longer a current issue) or she has no proof that the girlfriend is actually a threat.


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        • #5
          I think "no significant others" is not healthy for the child. I understand no overnites when the child is there. But no signfiicant others ever?
          So what happens when your ex marries and your child has never met the significant other? Hi honey, heres your new parent....someone your've never seen before or interacted with and that person will be here all the time.
          Not healthy at all for a child.
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson

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          • #6
            Originally posted by Morgana View Post
            I think "no significant others" is not healthy for the child. I understand no overnites when the child is there. But no signfiicant others ever?
            So what happens when your ex marries and your child has never met the significant other? Hi honey, heres your new parent....someone your've never seen before or interacted with and that person will be here all the time.
            Not healthy at all for a child.


            I think that's a perfectly valid and wise point.

            And unless the new spouse is a convicted child molester, I cannot see any court banning them from being around the child completely. Can't see it.

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