Protecting Your Children Through the Legal Transition of Separation

When you separate from your spouse or partner, your first concern might be your children’s safety. Perhaps you are worried about the threat of domestic violence. Maybe you are more concerned about your children’s mental health. You might also simply worry about your ex’s ability to feed, supervise, and care for your children until the family court can resolve custody questions. If you find yourself wrestling with these concerns, a consultation with a family law attorney in South Carolina may ease your mind.

Protecting Your Children From Physical Harm During Separation

If you’re concerned about your children’s physical safety after a separation, you have various options. Perhaps the most obvious step is to call 911, especially if you believe that physical harm is imminent. If you are more concerned about hypothetical future harm, consider an order of protection instead.

South Carolina gives parents the ability to seek orders of protection (sometimes known as “restraining orders”) if they have experienced abuse. Abuse in South Carolina includes physical harm, bodily injury, threats, or sex crimes. If these situations have affected you or your child, you have the right to request an order of protection. This can be a crucial step if you’re seeking added peace of mind after past harm.

This legal safeguard will prevent your ex from meeting you or your children. They may have to move out of your family home and start paying alimony or child support immediately. A valid protective order can also ensure that you get custody of the children. Note that these orders are only temporary, and you may need to pursue a more permanent custody order in family court.

Protecting Your Children From Psychological Harm

If you’re more concerned about your children’s psychological well-being throughout the separation process, you also have various legal options. You could ask your ex if they are willing to engage in “alternative dispute resolution” (ADR) to minimize mental health impacts on your children. Examples of ADR include mediation and collaborative divorce, which help families avoid the stress and time-consuming litigation.

During mediation or collaborative divorce, you and your ex can invite a child psychologist to participate in custody discussions outside of court. This trained mental health professional can offer valuable insights, guiding you toward an outcome that best serves your children’s interests. Of course, ADR is not always possible. Sometimes, a trial is the only way forward.

Can a South Carolina Family Law Attorney Help Me?

Contact Martin Murphy Law at 843-809-0232 to schedule a consultation and discuss how we can help protect your children during separation. For more information or to get started, visit our website today.