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South Carolina Questions & Answers
1 Answer | Asked in Real Estate Law for South Carolina on
Q: My brother and me owned house and land together.he sold it without my knowledge and kept money from sale.what do I do?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 25, 2022

Hire a competent SC attorney to search the title and determine ownership. File suit to Set Aside the Fraudulent Conveyance or sue to Quiet Title to your interest. Ejectment probably will not work, as any Tenant In Common can convey their lawful interest. At worst, file suit for Partition against... Read more »

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to... Read more »

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

You should have your lawyer explain this. If you do not have counsel, you should retain one for representation. Good luck.

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2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Roy Willey
Roy Willey
answered on Nov 22, 2022

I am very sorry to hear about your daughter.

As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long...
Read more »

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1 Answer | Asked in Trademark for South Carolina on
Q: Trademark I file for a trademark need to speak to someone about my rights/
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 20, 2022

Consult an experienced trademark attorney

1 Answer | Asked in DUI / DWI for South Carolina on
Q: DUI can police charge someone three days after the incident
Stephen Grooms
PREMIUM
Stephen Grooms
answered on Nov 16, 2022

Yes, there is no statute of limitations on when an officer can charge a DUI. Generally these types of cases are when an accident has occurred and the defendant is unable to be detained due to medical care.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My aunt and I each own half of the house I reside in. Can she force me to buy her out or sell?

This is in rural Lexington county south carolina. Not Durham n.c. I pay the property taxes, the homeowners insurance, do all the maintenence, upkeep and many improvements to the home.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

Yes she can force a Partition Sale.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

1 Answer | Asked in Child Support for South Carolina on
Q: Is failure to pay child support ordered by a judge a criminal contempt of court or just contempt of court?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Family Court judges have the authority to hold someone in either civil contempt or criminal contempt. Whether a finding of contempt is civil or criminal depends on whether the person who violated the order is able to "purge" themselves of the punishment by becoming compliant with the... Read more »

1 Answer | Asked in Child Support for South Carolina on
Q: My child lives with me her mother kicked her out but I still pay child support to her what do I do to stop support
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

First, it will depend on whether there is an order giving you custody of your child. Unless/until you have such an order, you are likely to continue to be obligated to pay child support as previously established.

If there is already an order giving you custody of your child, then you can go...
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1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: If im going for child support, is custody arrangements included in that or does the father have to take me back for that

My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: I filed for CS in Nov of 21 and I’m just now getting a date for Dec of 22, is my child entitled to back pay?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Whether to award retroactive child support is within the Family Court's discretion; however, the law is clear that the Court can *only* award retroactive support back to the date the action was filed.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: If an unlicensed grandparent drives a child or lives with an undoc immigrant, could that have significance in custody?

I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Stone V Thompson 2019 decision concerning common law marriage: Does the 2019 decision allow for a "grandfather clause" ?

Those in common law marriages before the 2019 decision can still be considered as being married?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Yes, the Stone v. Thompson decision prevented creation of new common law marriages after it was decided (on July 24, 2019), but if a common law marriage was established before that date, its existence can be proven by clear and convincing evidence.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My Daughter is using her Biological father last name(Were not married)..What to do my husband wants to adopt her?

She is using her biological father last name and His name was written on her Birth.I am not married with his father and He is in other country.How can I terminate his parental right when He never give child support.

I am married for 4years and My Husband want to adopt my daughter,Do we... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

First, you should understand that allowing your husband to adopt your daughter and changing her names are separate requests for relief.

Adoptions require very strict compliance with notice and service requirements to be valid. To determine whether you will need to give notice to your...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Should a father file for divorce or child abandonment first. Mother abandoned children and spouse 10 years ago.

Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Can I file for a divorce without the spouse signature?

I was married in NYC, but lived in SC for almost a year. He refuses to sign papers.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, you do not need your spouse's signature to file for divorce. However, if your spouse does not live in South Carolina, it may be more appropriate to file in a different state, but there are not enough facts here to determine the best jurisdiction.

1 Answer | Asked in Family Law for South Carolina on
Q: Need help with knowing our rights against dss they have been harassing my family for 3 years.im so done.

What can we do legal to protect my family from harassment.

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Nov 11, 2022

Schedule a consultation with a family court lawyer in your area who handles DSS cases to get advice specific to your situation.

2 Answers | Asked in Car Accidents for South Carolina on
Q: After being hit by a drunk driver& car totaled but not being hurt, how do I negotiate with their insurance?

I live in SC but was hit by a drunk driver in NC, they were found at fault of course. My car was totaled but thankfully(maybe) I wasn’t hurt. That leads us to them trying to pay for my car and my car only. They offered me 10k for my car when I owe a total of 17k. I don’t have gap insurance (a... Read more »

Roy Willey
Roy Willey
answered on Nov 8, 2022

It sounds as if the car valuation is off as insurance companies sometimes do. You may also be entitled to punitive damages and should reach out to an attorney to assist you with this matter. Keep in mind that if they send you a release they may also ask you to release your bodily injury claims... Read more »

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1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: I and my husband 61 & 65 was evicted Friday (wrongfully). We were trying to get our thing but being seniors and disabled

we lost a lot. I forgot to get my medication I take daily for my health that my Dr prescribed, they will not let me in to get it. I have not had my medication since Friday, and I can feel myself slowly going downhill. My husband called, and they told him no, I could not get it. I just got a 90... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could continue to await a response, but you describe a difficult situation with the deprivation of your medication, so another option could be to reach out to a... Read more »

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