The pandemic and if I do take them out I won’t be aloud to come get my kids of a certain period of time as punishment. What can I do about this?
It depends on what your court order says. If the order grants you a defined schedule of visitation - alternate weekends from 6 pm Friday to 6 pm Sunday, for example - and your ex-wife is interfering with that schedule, you can file a rule to show cause in court to seek enforcement of that... Read more »
I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »
What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.
Notarized, this was not done through the court system at all, my son has been living with me since 2014 i asked them multiple times to sign him back over but they never would now that i have chosen to move out of state the have decided to pull the temporary customer agreement back out an say that i... Read more »
Although your question doesn't state where the agreement was entered into, I assume that it was done in South Carolina. Because your agreement was never court approved, it is not enforceable as a custody order. It would merely convey to your parents the authority to obtain medical care for... Read more »
It was surveyed when my grandfather sold it to her. Does it need to be done again? There are no liens or judgements against the property. She owns it free and clear we just don't know where to start or what the simplest method would be. Thanks in advance.
She could have a new deed prepared conveying her 100% interest in the property to you. Your question doesn't provide any information as to why she would want to do that. 1) If she is wanting to transfer her property in anticipation of entering a nursing home, she can have a deed prepared that... Read more »
Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.
My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... Read more »
This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... Read more »
I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.
You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.
I went to the ER. They drug tested me and i didnt know until DSS came knocking on my door saying i was drug tested and was positive for weed. Me, my daughter, and boyfriend all did drug test and DSS came back a month and half later to let us know my daughter and I are negative but my boyfriend... Read more »
Refusal to talk to DSS will not make them go away and may result in DSS taking the case to family court. I suggest that you get a consultation with a family court lawyer in your area who has experience handling DSS cases and get some advice.
No, you both have a right to be in the marital home unless and until the family court grants to the home to one of you in a court hearing.
I currently live in Germany, but my daughter and her mother live in South Carolina, USA. My daughter's mother refuses to grant me any visitation rights, and I was never legally named as my daughter's father when she was born. Her mother and I separated before we knew she was pregnant. I... Read more »
Since the child was born out of wedlock, the family court in the county where the child resides would have to establish paternity in order for you to exercise visitation. This is accomplished by first filing a paternity and visitation case in family court and requesting a hearing. Paternity can be... Read more »
I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?
Contempt hearings are not decided on affidavits, but rather on evidence and testimony presented at the hearing. The burden to prove contempt is on the moving party and must show which specific paragraph of the Order was violated. Evidence presented must show that the accused party willfully... Read more »
You don't say but I assume there is a court order that granted you visitation. The Order is the controlling document so I suggest that you read it to determine your rights and obligations. If you're still not sure after reading the Order, schedule a consultation with a lawyer in your area... Read more »
An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.
He was granted joint custody with him as the domicilary parent, with me only being granted supervised visitations at his discretion, but he doesn't allow me to see her at all, and she is in a dangerous environment. Please help.
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
Unwed couple; 1 child, now 11 years old. Father (name on birth certificate) has not been allowed visits for 9 yrs; Mother did not accept any financial assistance. No issues have been addressed in Family Court.
Mother now married another and is asking for financial support in exchange for... Read more »
Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.
My sons biological father is court ordered to pay $333 child support but he's over $11,000 behind. I've asked him to call and talk to my son. I've even asked him to buy birthday, and Christmas gifts but never does. I had to have 3 delinquency letters sent out to him do to no child... Read more »
Failure to support or visit during a continuance six month period can be grounds to terminate parental rights. The biological father, however, can voluntarily relinquish his parental rights and consent to an adoption. I suggest you get a consultation with a lawyer your area since you will need a... Read more »
I have no source of income. No one to help me. My hisband has a violent temper. Afraid im being accused of neglect.
If your are looking for help for yourself and your children to get out of an abusive situation, I suggest you contact one of the following organizations:
Safe Passage, inc. operates in York, Lancaster, Chester and Union Counties and can be reached at 800-659-0977 or through their website... Read more »
Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
We have a court order that states that but that was over 9yrs ago when he lived less than an hour away. I have two other children and being a full time parent with a full time job will be very hard on me. I asked if we could meet halfway but he insists that I drive most of the way. Is there... Read more »
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
My boyfriend has been in my child’s life since he was born but he isn’t the biological father. The biological father and i does not associate with each other, and hasn’t since the beginning of my pregnancy out of me being scared of him and what he may do to my and my child.
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a... Read more »
Our daughter has spent equal amounts of time in each household, however, the relationship between the father and I has become increasingly strained. I have taken a travel physical therapy position in Texas and want to move there with my daughter. At first her father agreed, but then fought me about... Read more »
You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
