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 »
Where to send it will depend on which county you want to be able to enforce the foreign order in. The procedures detailed in South Carolina Code Sections 63-17-3610 through 63-17-3740 should help you -- they are available here: https://www.scstatehouse.gov/code/t63c017.php
The Custody is joint switching on Fridays and I (Father) have primary placement. This wouldn't be a problem but the mother tends to be harassing me about whatever petty detail she can. And I feel like she is trying to turn my children against me.
Typically, South Carolina court orders for joint custody include provisions detailing each parent's rights to communicate with the child while he/she is in the care of the other parent. If you are not sure how to interpret the terms of your Order, the best course of action is to schedule a...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 »
In the order granting you a divorce, the Family Court likely also addressed the division of assets and debts. In very limited circumstances there is a possibility of addressing assets that were not disclosed before the divorce was granted.
He has been gone for six months but he has agreed to continue to pay the mortgage and our car payments. I suspect infidelity but I don't have proof. What will be the right approach for me in this matter
The right approach will depend a lot on what your goals are. Because the two of you are living separately from each other now, you could file an action for separate support and maintenance with the Family Court, regardless of whether you have proof of adultery. A lawyer experienced with divorces...Read more »
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.
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 »
mother is, i believe, incarcerated and also the 2 girls are above 18 yrs of age...in the 2nd case his other 2 kids with a different mother, she no longer has them, and she never let him talk to or see their kids just to be cruel....he needs advice bc the lady at family court told me that he... Read more »
has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »
In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.
What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!
It is very hard to prove the existence of a common law marriage in South Carolina. If you are able to prove that you were common law married, then you could also request alimony. Child support can be requested regardless of whether the two of you were married. Immigration status does not affect...Read more »
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