Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody agreement or court order, she must adhere to those terms. However, she also has the right to access and retrieve her personal belongings from the house. If he's preventing her from doing so, she may need to seek legal assistance or involve law enforcement for a civil standby during the retrieval. Regarding the custody of the children, if she wishes to challenge the current arrangement, especially considering the ex-husband's history of charges, she should consult with a family law attorney to explore her options. It's important to address these issues promptly, especially when children are involved, to ensure her rights and interests are protected.

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