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Q: How can I address harassment and gain visitation rights in SC?
I've been paying child support diligently for my child, but I haven't been able to see or even contact them. The mother took the child, disappeared, later filed a no contact order against me, and now she harasses me online. She has threatened that if I seek legal help to see my child, she will dox me and increase my child support. I've documented all the harassment, which mostly occured through texts and messaging apps, though the court sent us to mediation, it didn't resolve anything. There have been incidents involving the mother, including a FOIA report of law enforcement being called to her residence for domestic violence against her current husband. There are no court orders concerning custody or visitation. What actions can I take to address this harassment and gain visitation rights to see my child?
A:
It sounds like you’re in a painful and frustrating situation, especially since you’ve been supporting your child financially but have been denied any contact. In South Carolina, paying child support does not automatically give you visitation rights, but you do have the legal right to request them through the family court. Since there is no custody or visitation order in place, the court can establish one and set clear guidelines for communication and parenting time. The court’s primary concern will be the best interests of the child, but your consistent financial support and effort to stay involved will work in your favor.
To begin, you can file a petition in family court to establish custody and visitation. This will allow a judge to formally review your case and issue an order granting you time with your child. Once a court order is in place, the mother cannot legally block your access or use threats to intimidate you. Be sure to keep copies of all messages, threats, and any evidence of harassment, as this documentation can help show a pattern of interference and bad faith on her part. You can also request that the court limit her contact with you outside of matters involving your child if the harassment continues.
As for the online harassment and threats, you can report them to law enforcement if they cross the line into intimidation, doxing, or harassment. South Carolina law allows you to seek a restraining order for harassment or stalking if the behavior persists. By filing for visitation and addressing the harassment at the same time, you take back control of the situation and create legal boundaries that protect both you and your child. Taking these steps will help ensure your relationship with your child is recognized and protected by the court.
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