Getting 50/50 Child Custody
My question involves a child custody case from the State of: South Carolina
In April 2006 I married my daughters mother. In Novemeber 2006 my daughter was born. In 2009 we got divorced and custody was then set 50/50 (week on/week off). In April 2015 I remarried and we had a child in july 2016. Keep in mind doctors told my wife she would never be able to have children due to internal organ issues so she didnt find out she was pregnant until about 4 months along, my wife and i did smoke marijuana occasionally not all the time and NEVER when the children were visiting and she stopped once she found out she was pregnant. My wife had alot of complications with her pregnancy and doctors had to take the baby 2 months early due to her internal issues.
The baby was in NICU for 38 days. While in NICU they tested our babys meconium which did come back with low levels positive for marijuana. Of course my ex wife was notified along with me, my wife and our other 3 children having to be tested for marijuana. My wife was negative, my daughter (with my ex) was negative and my wifes 2 children were negative. Dss did get involved,and in October 2016 my ex wife served me with papers to take full custody of our daughter. We had a temporary hearing on November 2016 which my ex wife was granted temporary full custody of our daughter. I got every other weekend and tuesday following a non visiting weekend and thursday following visiting weekend. So i made a huge mistake and went hunting and smoked a little marijuana. The next day dss asked me to do a drug test and of course i failed so then my wife and i had to go through 8 weeks of parenting classes, my wife had to go through 4 weeks of drug and alcohol classes and i had to go through 12 weeks of drug and alcohol classes.
Since then my wife and i have been drug tested around 8 times and our children have been tested about 3 times, each time we have all came back negative. Dss closed our case in may 2017(our children were never removed from our home and we were able to take our new baby home in August when she was strong enough to come home) In October 2017 i recieved word from my lawyer the case my ex had filed for full custody had been dismissed without prejudice because the case had exceeded 365 days(effective immediately) My lawyer informed me the temporary order was no longer in place and the original order from our divorce in 2009 was back in place.
So i am supposed to pick my daughter up this Sunday and my ex wife is saying she is not going to let me pick her up, is she allowed to do this? Also, she is wanting to reinstate the case (the GAL appointed says she thinks it should also be reinstated due to concerns that have not been addressed) when we ask about these "concerns" the room goes silent so were not sure what theu mean by concerns. My next question is if my ex wife asks to reinstate the case and has the GAL to back her what is the likelihood of the judge reinstating the case? Also, if the case is reinstated what are the chances of me still being able to have 50/50?