Request for Modification

[Mbarr77]

What is the name of your state? SC

Does anyone know of where would be a good source to find wording for a request for sole custody? I was thinking that it would be just a modification of custody, but unsure of the wording to use, so would need something to reference. My sister is going to draft the request herself, and then have reviewed by a legal aide to try and get this done without spending money that she does not have to spend.

I have searched google, and delta bravo and have not been very successful. Any help would be appreciated.

 

[outragedMOM]

I'm not a lawyer but try this
http://family.findlaw.com/child-custody/south-carolina-divorce-law.html

 

[BelizeBreeze]

What is the name of your state? SC

Does anyone know of where would be a good source to find wording for a request for sole custody? I was thinking that it would be just a modification of custody, but unsure of the wording to use, so would need something to reference. My sister is going to draft the request herself, and then have reviewed by a legal aide to try and get this done without spending money that she does not have to spend.

I have searched google, and delta bravo and have not been very successful. Any help would be appreciated.

is there a current custody order in place?

 

[Mbarr77]

is there a current custody order in place?

No, there is not..I was gonna modify my post last night because I realized she doesn't actually need to do a modification, since there is nothing yet to modify..She needs to file for sole custody with no visitation rights for the father...He has been found guilty of some felony drug charges, but will not be in prison for that long so she wants this in place for when he gets out.

 

[rmet4nzkx]

is there a current custody order in place?

this is a continuation of https://forum.freeadvice.com/showthread.php?t=315157
Apparently OP's sister has established paternity and child support orders only. No custody orders and visitation has been by mutual agreement. Child is 9 years old. It would seem that OP's sister would be filing to formalize custody and possibly for supervised visitation and or GAL.
This link has links to free legal resources in SC
http://www.lawhelp.org/SC/StateChannelResults.cfm/County/ /City/ /demoMode/= 1/Language/1/State/SC/TextOnly/N/ZipCode/ /LoggedIn/0/iSubTopicID/1/iProblemCodeID/1310100/sTopicImage/familyJuvenile.gif/iTopicID/958/ichannelid/154/bAllState/0

 

[outragedMOM]

If your sister has no order in place then there would be noting to modify.

 

[Mbarr77]

If your sister has no order in place then there would be noting to modify.

Yeah, that is what I said in my last post..Meant to modify my post last night, but I got distracted doing kid stuff at home!

 

[BelizeBreeze]

No, there is not..I was gonna modify my post last night because I realized she doesn't actually need to do a modification, since there is nothing yet to modify..She needs to file for sole custody with no visitation rights for the father...He has been found guilty of some felony drug charges, but will not be in prison for that long so she wants this in place for when he gets out.

Then she can file the original action to establish custody and support but HIGHLY doubtful is she will be granted NO visitation for the father. There isn't grounds for such.

 

[Mbarr77]

this is a continuation of https://forum.freeadvice.com/showthread.php?t=315157
Apparently OP's sister has established paternity and child support orders only. No custody orders and visitation has been by mutual agreement. Child is 9 years old. It would seem that OP's sister would be filing to formalize custody and possibly for supervised visitation and or GAL.
This link has links to free legal resources in SC
http://www.lawhelp.org/SC/StateChannelResults.cfm/County/ /City/ /demoMode/= 1/Language/1/State/SC/TextOnly/N/ZipCode/ /LoggedIn/0/iSubTopicID/1/iProblemCodeID/1310100/sTopicImage/familyJuvenile.gif/iTopicID/958/ichannelid/154/bAllState/0

sorry, rmet should have posted the link to my original thread in this one, or just continued my old thread..things have been hectic, and my mind isn't working right these days!! thanks for the legal aid link, but she has already contacted them and does not meet the qualifications to receive assistance..again, thanks for the link tho

 

[eme76]

Then she can file the original action to establish custody and support but HIGHLY doubtful is she will be granted NO visitation for the father. There isn't grounds for such.

i believe dad is going to/already in jail/prison....would that be grounds

 

[Mbarr77]

Then she can file the original action to establish custody and support but HIGHLY doubtful is she will be granted NO visitation for the father. There isn't grounds for such.

The father is getting ready to go to prison for a two year sentence related to the sale and possession of drugs within proximity of school..the mother can prove that the father has not seen the child in over a year. And that the childs counselor has already written a recommendation that the child not be in the presence of the father due to the effects it has on the child. Would these be grounds for no visitation to be ordered?

 

[Mediate This!]

The father is getting ready to go to prison for a two year sentence related to the sale and possession of drugs within proximity of school..the mother can prove that the father has not seen the child in over a year. And that the childs counselor has already written a recommendation that the child not be in the presence of the father due to the effects it has on the child. Would these be grounds for no visitation to be ordered?

I would venture "no"...having someone's visitation completely removed is a pretty steep hill to climb with extreme circumstances. I would say supervised visitation for a prescribed period of time would probably be ordered.

 

[Mbarr77]

I would venture "no"...having someone's visitation completely removed is a pretty steep hill to climb with extreme circumstances. I would say supervised visitation for a prescribed period of time would probably be ordered.

Even if the childs psychologist has recommended that being in the fathers presence is detrimental to him?! I would think that the judge would take that into careful consideration. But, you know more than I do about the law, so thank you for your insight!

 

[BelizeBreeze]

The father is getting ready to go to prison for a two year sentence related to the sale and possession of drugs within proximity of school..the mother can prove that the father has not seen the child in over a year. And that the childs counselor has already written a recommendation that the child not be in the presence of the father due to the effects it has on the child. Would these be grounds for no visitation to be ordered?

Visitation rights can be denied to the non-custodial parent in certain extreme cases. Courts may deny visitation rights if there is grounds to believe that the child has been abused or neglected, if it is evident that the visit would place the child in a dangerous situation or if alcohol and drugs are involved. If courts have evidence that visitation would hurt the child in any regards, then the other spouse is awarded sole legal as well as physical custody.

For specific statutes limiting or denying visitation check out Chapter 452 Dissolution of Marriage, Divorce, Alimony and Separate Maintenance Section 452.400 .

 

[Mbarr77]

Visitation rights can be denied to the non-custodial parent in certain extreme cases. Courts may deny visitation rights if there is grounds to believe that the child has been abused or neglected, if it is evident that the visit would place the child in a dangerous situation or if alcohol and drugs are involved. If courts have evidence that visitation would hurt the child in any regards, then the other spouse is awarded sole legal as well as physical custody.

For specific statutes limiting or denying visitation check out Chapter 452 Dissolution of Marriage, Divorce, Alimony and Separate Maintenance Section 452.400 .

Thank you so much for explaining that to me. My sister has tried for nine years to foster a relationship with her sons father, but he has no interest and it only ends up hurting my nephew. I read the link, and it was very imformative! Thank you very much. I will just continue to hope that things work out in the best interest of my nephew.