Contempt during separation prior to divorce court.

[Mtnstyne2001]

Also thinking that the money fighting for a contempt finding might be better spent on a Guardian Ad Litem...

There is already a Guardian Ad Litem involved.

 

[stealth2]

I do want to touch on this, as you have referred to it several times in this thread. I do understand that it doesn't have any bearing on where things stand at present, but the waiting period you refer to is for a no-fault divorce. In the case of adultery, that waiting period doesn't apply. Of course, adultery would need to be proven.

https://www.scstatehouse.gov/code/t20c003.php

Siunds as though they've already been separated for nearly two years, so that doesn't really matter.

 

[Mtnstyne2001]

If he does not want a divorce, your daughter has a harder road. Maybe his paramour will pressure him to divorce..

I do want to touch on this, as you have referred to it several times in this thread. I do understand that it doesn't have any bearing on where things stand at present, but the waiting period you refer to is for a no-fault divorce. In the case of adultery, that waiting period doesn't apply. Of course, adultery would need to be proven.

https://www.scstatehouse.gov/code/t20c003.php

Try and find a lawyer who is willing to file for no-fault in SC. We did without success because unless you have a video of them actually doing it they consider it a he said she said.

 

[stealth2]

There is already a Guardian Ad Litem involved.

Excellent. The GAL will likely carry more weight than stbx's contempt when it comes to a custody decision.

 

[Mtnstyne2001]

Siunds as though they've already been separated for nearly two years, so that doesn't really matter.

That is correct. At the one year mark they began the process of divorcing which in SC is very archaic. They all had to meet with the Guardian Ad Litem which took a few months to schedule. Then they had to sit through mediation which took another couple months. Next month they have pretrial to determine how long the trial will take and it will be scheduled. Based on the lawyers guess it will be about 6-8 months.

 

[Mtnstyne2001]

What is the current custody arrangement, and how long has it been in effect?

The current custody arrangement he has the kids for 4 days twice a month and has been in effect for 13 months.

 

[Zigner]

Siunds as though they've already been separated for nearly two years, so that doesn't really matter.

Yep - I did mention that it doesn't have any bearing on things at present, but might it might help someone else along the way.

 

[Mtnstyne2001]

Excellent. The GAL will likely carry more weight than stbx's contempt when it comes to a custody decision.

We hope so. The GAL actually interviewed the husbands girlfriend and now also has the pictures we provided our lawyer.

 

[Zigner]

I'm curious - what does the picture show?

 

[Mtnstyne2001]

I'm curious - what does the picture show?

Pictures as in plural. Shows the paramour alone with one of the children entering a vehicle and departing together. Another shows all 4 departing a retail location together with one child in the hands of each adult and loading into the vehicle again. Shortly after that photos show all 4 again departing McDonalds together, one child carried by each adult, and lastly all 4 at the residence loading the vehicle to make the drive to drop them off at the end of his custody period.

 

[stealth2]

The current custody arrangement he has the kids for 4 days twice a month and has been in effect for 13 months.

With that kind of status quo, it would be unusual for him to get full custody, IMO.

 

[Mtnstyne2001]

With that kind of status quo, it would be unusual for him to get full custody, IMO.

That is what we are hoping but it's not going to stop him from trying. The 3 year old is also now enrolled in pre-K school so it would disrupt that if changed.

 

[AlmostThere]

Pictures as in plural. Shows the paramour alone with one of the children entering a vehicle and departing together. Another shows all 4 departing a retail location together with one child in the hands of each adult and loading into the vehicle again. Shortly after that photos show all 4 again departing McDonalds together, one child carried by each adult, and lastly all 4 at the residence loading the vehicle to make the drive to drop them off at the end of his custody period.

To be honest, there is nothing unreasonable in those pictures. Social lives don't stop because it is your day to have the children. Before and after separation, I've had friends accompany me to go places with my children. Sometimes they did me a favor and help transport the children, and I did the same for them. I've picked up, carried, and even babysat for my friend's children. And they done so for me.

 

[stealth2]

Pictures as in plural. Shows the paramour alone with one of the children entering a vehicle and departing together. Another shows all 4 departing a retail location together with one child in the hands of each adult and loading into the vehicle again. Shortly after that photos show all 4 again departing McDonalds together, one child carried by each adult, and lastly all 4 at the residence loading the vehicle to make the drive to drop them off at the end of his custody period.

Those don't really seem to prove that they're cohabiting...

 

[Mtnstyne2001]

To be honest, there is nothing unreasonable in those pictures. Social lives don't stop because it is your day to have the children. Before and after separation, I've had friends accompany me to go places with my children. Sometimes they did me a favor and help transport the children, and I did the same for them. I've picked up, carried, and even babysat for my friend's children. And they done so for me.

I didn't say there was anything nefarious or unreasonable happening. What I said was that he is in violation of the order. You seem to keep missing the point. There is a court order. It says neither parent can do XYZ. One parent is following it, and the other is not. In the eyes of the law in SC he is doing the same thing as violating a restraining order.

Her social life has stopped because she is following the order. If she needs help it is done by people not specifically prohibited in a court order. I can fully guarantee if the shoe were on the other foot he would use it to his advantage because he wants full custody.

I am guessing you have never been to South Carolina. It's like going back in time and they take their laws very seriously. For example, if you travel to a state that has legal marijuana and partake in it and are somehow caught and tested when you return to SC, the state will take away your children. If your ex suspects it he an ask the family court to have you tested.