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... View 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... View 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.
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... View More
They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0
answered on Dec 26, 2023
The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.
There is a line in my agreement that states “Each Christmas Eve Day except from 4:00 p.m. until 7:00 p.m. when the parties’ son will be with Ms. Legg (custodial parent). Otherwise the parties will use the Judge Brown schedule for Christmas holiday visitation”.
Per Judge Brown... View More
answered on Dec 26, 2023
If there is inconsistency between two provisions of the Order, then it would be difficult for a parent to be held in contempt for being unsure which provision to follow. Your best option is to consult with the lawyer who helped prepare the agreement.
Daughter out of state without DSS or my permission
answered on Jun 8, 2023
There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More
To my upcoming mediation nor did he file on my behalf. What are my rights and what should I do?
answered on Jun 8, 2023
I'm not aware of any way the Court can order that the fees charged by the mediator for their services shall be waived. However, in some regions of the state, there are options for low/no-cost mediation services, though they are limited.
My ex is trying to say I abducted my daughter and spreading it all over social media.
answered on May 15, 2023
It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.
The... View More
answered on May 15, 2023
Health insurance coverage is, generally, considered alimony or spousal support. However, South Carolina does not have any case law about whether an obligation to maintain such coverage could terminate upon remarriage. It is likely the answer will depend on the language of your Final Order and... View More
She wants custody of the kids who my fiance has primary custody
answered on Jan 30, 2023
Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.
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.
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... View 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.
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.
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... View 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... View More
I was married in NYC, but lived in SC for almost a year. He refuses to sign papers.
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.
Our 3 children are over 18 now
Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.
answered on Aug 25, 2022
If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior... View More
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... View 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... View 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... View More
In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... View More
answered on Aug 25, 2022
It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.
SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can... View More
Last year before my son and I went into dv shelter. My ex while I was in fl at my parents moved out of our home. Took all his belonging as well as mine. I still haven't got back some things court ordered for him to return. He never told me where he went. He ghosted my son and I for almost 5... View More
answered on Aug 25, 2022
From your question, it's unclear whether you want your ex to visit with your son. I can tell how frustrated you are about dealing with this situation. The only mechanism the Family Court has to compel people to comply with its Orders is to hold them in contempt, and the sanctions for contempt... View More
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