My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »
answered on Jan 30, 2023
Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.
answered on Jan 30, 2023
In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... Read more »
Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... Read more »
answered on Jan 30, 2023
Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... Read more »
If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?
answered on Jan 30, 2023
You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.
I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... Read more »
answered on Jan 30, 2023
Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... Read more »
The couple were married only 6 weeks when she had to leave. She is 23 and she was threatened by the Plaintiff with an arrest if she didn't come in and sign the Separation Papers that day. Out of fear, she did sign without reading them thereby that separation of properties, she didn't know... Read more »
answered on Dec 13, 2022
Sounds like there may have been some level of coercion in signing the document. When the documents are signed and incorporated into a court proceeding, the Judge always asks questions to rule out any coercion. If this was outside of court and just an agreement signed between the parties, then there... Read more »
Any house work or anything all is left on me can I do anything
answered on Dec 9, 2022
Hire an attorney to file an action for a Sale For Partition.
What happens with the partition during the redemption period of the delinquent tax sale?
answered on Dec 6, 2022
Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.
By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... Read more »
answered on Nov 28, 2022
There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.
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 »
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 »
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 »
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 »
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.
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 »
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 »
Those in common law marriages before the 2019 decision can still be considered as being married?
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.
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 »
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 »
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.
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 »
What can we do legal to protect my family from harassment.
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.
answered on Sep 2, 2022
First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.
This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.
answered on Aug 25, 2022
I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.
Court... Read more »
During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... Read more »
answered on Aug 25, 2022
It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... Read more »
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