If that is the case, you are well-advised to obtain proof of his or her affair through a private detective. South Carolina courts will decide the issue of custody based upon the best interests of the child. In determining the best interest of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference.
Religious faith shall also be considered in determining custody. In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence. In any action for divorce from the bonds of matrimony the court may at any stage of the cause, or from time to time after final judgment, make such orders touching the care, custody and maintenance of the children of the marriage and what, if any, security shall be given for the same as from the circumstances of the parties and the nature of the case and the best spiritual as well as other interests of the children may be fit, equitable and just.
In determining the best interests of the child, the court must consider the child's reasonable preference for custody. Consideration is also given to the religious faith of the child, and the evidence of physical or sexual abuse.
9 Questions about Legal Separation in SC
What is the law regarding dating when legally separated? I am filing for my legal separation. What are the laws about dating again in South Carolina? We do have 3 children and my husband is threatening me that if I start dating while we are legally separated, he is going to fight for custody. Dating may also affect who gets custody of the children.
Dating before being divorced may not be looked highly upon and could be used against you, especially if you have exposed your children to your boyfriend or girlfriend. Your life will be closely looked at, and details will come out.
Uncontested Divorce in South Carolina | DivorceNet
You do not want to have to explain away a lapse in judgment while seeking custody of your children. So, is there a safe way to date while separated? You can get an Order of Separate Support and Maintenance to determine issues like custody, property division, alimony, and child support before you get divorced, but there really is no safe way to date while separated. Exposing children to a boyfriend or girlfriend while married could be a change in circumstance which would put you at risk for losing custody.
Even though not dating means putting your life on hold for the time while your divorce is pending, moving on with dating may mean altering your divorce proceedings in a negative way. It just is not worth it.
- Do I Have to File Divorce Paperwork Before Separating in South Carolina? | LegalZoom Legal Info.
- Legal Separation.
- Definition of Adultery?
If you have questions about what is appropriate or not while you are still married, please contact a family law attorney. There is no reason to risk having negative effects on your divorce proceedings. If you have questions about divorce and are looking for a family law attorney in Summerville, South Carolina give me a call at How can dating impact….
The Bottom Line
The Bottom Line So, is there a safe way to date while separated? Do you have questions about divorce in SC?
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