Raleigh, NC asked in Child Custody and Family Law for South Carolina

Q: What is there to do after co parent has already been found in contempt & lost primary custody but still violating order?

Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In court to try to put a end to this when I finally go back? And Of course Police don’t want to enforce civil matters. And court calendars are backed up by months.

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1 Lawyer Answer
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
Answered
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders, but that is only part of the analysis. If you wish to have primary physical and legal custody of your child, you could pursue an action to modify the existing order, but you should seek the advice of an experienced family law attorney before moving forward.

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