The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
Was your first hearing a final hearing or a temporary hearing? If it was a temporary hearing you cannot file an appeal, unfortunately. The good news, however, is that you still have a chance at a favorable outcome in the next hearing so try not to worry too much.
Can I go to there school to see or eat lunch with them seeing how it's just a temporary order?
What does your order say? Stick to that. While it’s heartbreaking to not be able to see the child, I would advise against doing anything that the order may prohibit or even that could cause an issue. Do you have an attorney? Maybe speaking to one about your exact situation could get you quicker... Read more »
In 2018 my sons paternal aunt took me to court and was granted custody of him because of my drug use. I entered treatment a couple years later and will now be sober 2 years on June 30th. I also have since had a daughter that is 7 months old and is also bilogicaly her niece and she has never tried... Read more »
Based on what you’ve shared, I would encourage you to hire a lawyer. There may need to be more than just a petition and having an attorney analyze your case prior to filing could be beneficial. This is typically not a case that you should approach alone as there seems to be a few different things... Read more »
for not providing appropriate care to my elderly mom
A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »
At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »
It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »
A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »
Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In... Read more »
The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders,... Read more »
The baby is a Safe Haven - Daniel's Law baby. The birth mothers name was on the birth certificate. The hospital made an error in placing the mothers name on the birth certificate. It's been a year and we are still waiting for a TPR and to adopt. Does the mother still have legal rights?... Read more »
Until the mother's parental rights are terminated, she remains the child's legal parent. If the child is placed with you by DSS, then DSS has custody of the child. However, in many situations, you do not have to wait for DSS to file a TPR action; instead, you could file a private action... Read more »
I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.
You can ask any attorney you consult with about how much experience they have defending DSS cases.
I live in a toxic household with my grandmother. My dad kicked me out 2 years ago. I really want to live with my mom. I have been asking since i was 14 ,but my father and grandmother told me know because they don't like my mother. My mother has no reason for why I can't live with her she... Read more »
In SC, in order to be able to make this decision on your own you would need to be 18 or older. However, if 18 is pretty far away, you could always speak with you mom about requesting custody of you through the family court.
Me and my 1 year old sons father have joint custody me being the primary custodian and him secondary. On our agreement it says he must notify me no later than Sunday when he wants to get him from Friday to Sunday the following weekend. He decided to tell me a day before he wants to come get him and... Read more »
Always follow the parenting plan. If the order is clear on when he needs to provide notice and that notice doesn’t happen, you are not in violation. However, it is important to be very clear on what the order provides so that you are properly protected.
i live in sc with my boyfriend and my parents house he keeps telling me he wants to take are son back to pa with out me what are my legal choices how can i prevent him from doing this
If the two of you are not married, it is likely that the father of your son has no legal rights to your 2 month old and cannot take him to PA without your consent.
I have been married 3 years to my husband and we don't have any assets together. I acquired my house about 2 years before we got married. I recently left my home about 2 months and I haven't returned. I do still pay the bills but I am ready to return home, but he won't leave. How can... Read more »
You should contact an attorney who services the area where you last resided as a married couple ( assumingly, the county where your home is) asap. Unfortunately, if you do not have a fault based ground for divorce, you will have to wait 12 months from the time the two of you separated before you... Read more »
I live with my girlfriend we have a son together and she has a daughter which I never adopted I am the only one that works in the household my question is would I have to pay alimony if we split I'm ok with child support also would she be able to take him out of state I have also decided I... Read more »
Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.
…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?
This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!
He was born addicted to cocaine. Dss placed him with his aunt . I am not a blood relative. But my kids are. So dss placed him with her but I have him 6 nights a week and she has him 1. When thwy went to court back in Jan, his guardian ad litem asked the judge to place him with me. But instead they... Read more »
Under South Carolina law, when children are removed from a home, there is an order of preference for where the children should be placed (with family or not). If you wish to seek custody of this child, you should seek the advice of a lawyer experienced with DSS cases and third-party custody claims.
South Carolina Family Court will allow an adult to be adopted by another adult. You should seek the advice of a lawyer who is experienced in handling adult adoptions.
Father not paying child support or rarely see his child. Father residence is in Georgia
In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... Read more »
DSS showed up with no paperwork, stating a false allegation from someone who has done this to me twice before.. demanded my husband and I take hair follicle and instant urine the following day.
Did what was directed, it's been a week now and I have not heard anything at all.... Read more »
Your husband should have a consultation with a lawyer who is experienced in defending allegations made to DSS.
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