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Expired on : 6/11/2008 3:14 AM


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Separating and wife wants to move out and take our son.

I am active duty military, stationed in SC. I plan to get out of the military in a year and a half and stay in SC. My wife and I decided to separate, and do a joint custody for our son. How does joint custody works in SC? My wife wants to move out to start the separation process and she wants to take our son. Can she take our son out of the house without a mutual agreement?  What could  happen when custody time comes if I let her take the child without an agreement? Can I apply for sole custody? We want to come to an agreement between ourselves and notarize it. Is that good or do I need more legal assistant? What is the best  way to fix our issue between ourselves in the legal way? The only thing that worries me now is that I am in the military, does that affects me?  In another topic, can my wife date or be physically involve with another person while we legally separated and still legally married? Is that adultery? I know she has been talking and flirting with another person and she has done it in the past.  I’ll appreciate your help.


by AROD   4 Posts   read more from user >>
Posted on 6/11/2008 3:14 AM

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Comments for "Separating and wife wants to move out and take our son. "  (3) (You must be logged in to answer)




I live in S C. Just received my divorce Dec-07 You need to get to an atty. to answer a lot of these questions. If I'm not mistaken. Unless you have some type of temp. agreement either of you can move the child out of the house. My daughter and her ex played snatch the child for many years. Until they had a formal agreement there was nothing the police could do.

One year separation is just that. No co-habitation of any kind. Nothing that could be mistakenly considered co-habitation. Neither of you can date or have relations or live with someone of the opposite sex. My attys. wording exactly. If you can prove adultery you will have your divorce in 90 days. That's if everything goes smoothly. In my area of S C both parties have to have an atty. There is no do it yourself divorces. I had a friend who wanted to do that and the court wouldn't let her.

In spite of what some attys. will try to tell you (they want more money) adultery will not get you better terms; it will only get your divorce sooner. Don't fall into that trap. If she is a good mother negoitate the terms between you. Keep the attys. from getting into a "pissing contest". Sorry my fathers words for what attys. do. Good luck
by trisha9054   904 Posts
Posted on 6/11/2008 9:00 AM
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Oh...and ps......just because your are in the military, does not mean you do not have rights to that child. There are many military guys, my husband was one of them, that have sole custody of the child!
by gracelee1973   15 Posts
Posted on 6/11/2008 3:22 AM
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Listen, get to an attorney quick. Find out what your rights are! That is the first step. If there is adultery or even the appearance...it can turn this whole thing around for you.

Seek a lawyer's advice.

Good luck!

by gracelee1973   15 Posts
Posted on 6/11/2008 3:20 AM
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