Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.

If the child has never lived in SC, then SC does not have jurisdiction to decide custody.... View More

S.C. Code Ann. Section 63-15-240(B) requires the Family Court to consider the best interests of the child when determining custody, including the temperamental and developmental needs of a child, the capacity and disposition of the parents to understand and meet the needs of the child, and the past... View More

There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a... View More

If you already have an order entitling you to alimony, absent some specific language in an agreement/court order, then seeking a divorce should not change your entitlement to alimony. You should consult an experienced family court attorney who can review your documents and provide you more specific... View More

If your court order requires the two of you to file jointly, then you could seek to have your ex held in contempt for violating the order. The mechanism to do so is called a Petition for Rule to Show Cause. The procedure is laid out in Family Court Rule 14.

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... View More

Certified mail with return receipt *is* one way to personally serve a Defendant. However, it's impossible to know the rules for service were followed without looking at the documents themselves.

You would need to file an action for separate support and maintenance in Family Court, along with a Motion for Temporary Relief. At a hearing on a Motion for Temporary Relief, a judge can decide who has to contribute to which expenses during the period of separation.

If you have a lawyer, then this is information you need to share with them. If there is a Guardian ad Litem appointed to your case, then you should share the information with them too.

Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

S.C. Code Ann. Section 20-3-660(A) allows the Clerk of Court to sign documents on behalf of the parties, and I believe you can ask the Court to direct the Clerk to do so by bringing a motion under Rule 70, SCRCP.

The question that a Family Court judge will need to answer is whether the home you purchased before marriage has been "transmuted" to marital property. The analysis on that issue is very fact-intensive. If your pension was accrued before the marriage, then she may not be entitled to any... View More

Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in... View 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,... View 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... View More

You can ask any attorney you consult with about how much experience they have defending DSS cases.

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

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... View More

Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.