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Questions Answered by Brittany Holmes
1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for South Carolina on
Q: How soon can I file an appeal for family court after the first hearing? Judge made decision but haven't received final.
Brittany Holmes
Brittany Holmes
answered on Mar 30, 2022

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.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: When a family member has temporary custody of your child and visitation is on their discretion and they want let you

Can I go to there school to see or eat lunch with them seeing how it's just a temporary order?

Brittany Holmes
Brittany Holmes
answered on Mar 19, 2022

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 »

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have to hire a lawyer in order to regain custody of my child?

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 »

Brittany Holmes
Brittany Holmes
answered on Mar 15, 2022

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 »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for South Carolina on
Q: Can I move in with my mother at 17 without my father's permission?

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 »

Brittany Holmes
Brittany Holmes
answered on Nov 10, 2021

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.

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have to send my son to his fathers if he told me a day before when he wants to get him and I have no milk prepared?

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 »

Brittany Holmes
Brittany Holmes
answered on Oct 21, 2021

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.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: unmarried 2 month old baby boyfriend trying to take him what is the legal way to prevent this we both live in sc

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

Brittany Holmes
Brittany Holmes
answered on Oct 9, 2021

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.

1 Answer | Asked in Family Law for South Carolina on
Q: I have been married 3 years to my husband and we don't have any assets together. I acquired my house before the marriage

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 »

Brittany Holmes
Brittany Holmes
answered on Oct 9, 2021

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 »

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