Can Someone Visit Their Child if They Have Been Convicted of Domestic Abuse or Domestic Violence?

Just because someone has been convicted of domestic abuse or domestic violence does not mean they cannot visit their child. In fact, South Carolina law allows a family court judge to award visitation to someone who has been found guilty in general sessions, magistrates, municipal, or family court to have committed domestic violence. However, the court must decide that adequate provisions can be made for the safety of the child and the victim of domestic violence before visitation can be awarded.

If the court orders visitation, it may also order that the exchange of the child occur in a protected setting, that visitation is supervised, that the person found guilty complete a domestic violence program, and that the abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation, that the person pays towards any supervised visitation fee, that overnight visitation is prohibited, and that a bond is posted for the return and safety of the child if that person has made a threat to retain the child unlawfully. The court will also order the person found guilty to pay for the actual cost of any medical or psychological treatment of a child who is physically or psychologically injured as a result of one or more acts of domestic violence by that person. S.C. Code of Laws SECTION 63-15-50. Of course, every case has different facts which will affect how a judge will decide a case. The best course to take is to schedule an appointment with an attorney to discuss all of your facts, so you will have a better understanding of what to expect in court.

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