Since there was no response in 30 days isn’t that a default and I’m awarded visitation with my children .?

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I filed a summons and complaint for seeking standard visition. The 30 days has expired for my Ex wife to anwser the complaint. So I went forward filing a hearing date. Or can she or her lawyer file for a continuance

Attorney Answers

2
Gary Frazier ·
There is really no such thing as a default judgment in Family Court. Rule 17 of the Family Court Rules states that even if a defendant fails to file an answer, the "defendant may be heard at the merits hearing on issues of custody of children, visitation, alimony, support, equitable distribution, and counsel fees."
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Bryan Braddock ·
I agree with Mr. Frazier above. I have heard of Judges restricting a party from presenting witnesses when they have failed to file a timely answer. However, when a child-related issue is at stake, such as visitation, the Court is going to err on the side of caution. I would not be surprised if a motion was filed seeking the appointment of a Guardian ad Litem to ensure that an investigation was conducted on the child's behalf. South Carolina Code of Laws Section 63-3-810 discusses when a Guardian ad Litem should be appointed by the Court: "In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that: (1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or (2) both parties consent to the appointment of a guardian ad litem who is approved by the court." Depending on what your ex-wife is arguing you did or did not do that would disqualify you from receiving visitation with your child(ren), the Court may find that a Guardian is necessary before moving forward.
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