Questions Answered by Cheryl Ann Truesdale
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.
Cheryl Ann Truesdale's answer
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
Q: Can a new (first time) child support court order request funds for previous years of non-support?
Cheryl Ann Truesdale's answer
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.
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.
Q: Can my husband adopt my son if his biological father does nothing for him?
Cheryl Ann Truesdale's answer
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 lawyer's help to accomplish either option.
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 lawyer's help to accomplish either option.
Q: I am the primary care giver to my eight biological children. Im concerned im being accused of neglect.
Cheryl Ann Truesdale's answer
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 at www.safepassages.org
National Coalition Against Domestic Violence can be contacted at 800-799-7233 or through their website at www.ncadv.org and they can refer you to an organization in your...
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 at www.safepassages.org
National Coalition Against Domestic Violence can be contacted at 800-799-7233 or through their website at www.ncadv.org and they can refer you to an organization in your...
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
South Carolina
on
Answered on Nov 26, 2018
Answered on Nov 26, 2018
Cheryl Ann Truesdale's answer
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.
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.
Q: My daughter father just moved over 2 1/2 hrs away and wants me to bring her to to him.
Cheryl Ann Truesdale's answer
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?
1 Answer
| Asked
in
Family Law, Child Custody and Adoption
for
South Carolina
on
Answered on Oct 19, 2018
Answered on Oct 19, 2018
Cheryl Ann Truesdale's answer
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 common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
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 common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
Q: I have daughter with a man I was with for 5 years but not married to. I want to move with her out of state. Process?
Cheryl Ann Truesdale's answer
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 seeking the establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
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 seeking the establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
Q: Son lives in Connecticut with his mother and he wants to stay with me but his mother isn't allowing this. What can i do
Cheryl Ann Truesdale's answer
Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your son. Those are all important facts to know and discuss with a lawyer in your area.
Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your son. Those are all important facts to know and discuss with a lawyer in your area.
Q: If you've cancelled child support through court twice. What are odds for signing up again.
Cheryl Ann Truesdale's answer
Child support can always be paid through the court upon proper petition to the court.
Child support can always be paid through the court upon proper petition to the court.
Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
South Carolina
on
Answered on Sep 29, 2018
Answered on Sep 29, 2018
Cheryl Ann Truesdale's answer
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband
1 Answer
| Asked
in
Family Law, Divorce and Child Custody
for
South Carolina
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Cheryl Ann Truesdale's answer
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and take your children with you when you go then file a case in family court.
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and take your children with you when you go then file a case in family court.
Q: I have a very disturbing common law marriage question as well as one about residing in our home.
Cheryl Ann Truesdale's answer
You would have to file for divorce and establish common law marriage as part of that case in family court. If the court finds that you are common law married, you can be granted a divorce and a division of any assets determined to be marital. You will need a lawyer to accomplish this. I suggest you first get an in-office consultation with a lawyer to get advice as to the likelihood of success, based on the facts of your case, and proceed based on advice received.
You would have to file for divorce and establish common law marriage as part of that case in family court. If the court finds that you are common law married, you can be granted a divorce and a division of any assets determined to be marital. You will need a lawyer to accomplish this. I suggest you first get an in-office consultation with a lawyer to get advice as to the likelihood of success, based on the facts of your case, and proceed based on advice received.
Q: Will a judge look at texts I have saved to prove my sons father is an unfit, abusive, drug addict, with crimal history?
Cheryl Ann Truesdale's answer
Your question states that you spoke with a lawyer so it isn't clear that you had an in-office consultation with a lawyer. If you didn't, do so. A lawyer needs to see what evidence you have to be able to properly evaluate it.
Your question states that you spoke with a lawyer so it isn't clear that you had an in-office consultation with a lawyer. If you didn't, do so. A lawyer needs to see what evidence you have to be able to properly evaluate it.
Q: My fiancé was arrested for fc bench warrant they sentenced to 30 days he’s asked for a pd but hasn’t talked to one yet
Cheryl Ann Truesdale's answer
Your question doesn't state which county family court his child support case is in. You should obtain a copy of the court order from that hearing and then make an appointment with a lawyer who practices family law in that county and get advice. The lawyer will need to see the court order from the hearing as well as the court order that awarded child support and visitation.
Your question doesn't state which county family court his child support case is in. You should obtain a copy of the court order from that hearing and then make an appointment with a lawyer who practices family law in that county and get advice. The lawyer will need to see the court order from the hearing as well as the court order that awarded child support and visitation.
Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right
1 Answer
| Asked
in
Family Law, Adoption, Child Custody and Child Support
for
South Carolina
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
Cheryl Ann Truesdale's answer
Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the...
Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the...
Q: My husband drinks everyday and is very mentally abusive. We have a 16,10, and 7 year old kids. How do i make him leave.
Cheryl Ann Truesdale's answer
You can file for an Order of Protection through the family court in your county. The Order of Protection forms can be obtained from the clerk of court's office at family court and the court can provide the contact information for a couple of agencies that can help you fill out the form. An Order of Protection can provide the following relief for six months to a year: removing your husband from the home, custody of the children to you, child support from him and a restraining order against him...
You can file for an Order of Protection through the family court in your county. The Order of Protection forms can be obtained from the clerk of court's office at family court and the court can provide the contact information for a couple of agencies that can help you fill out the form. An Order of Protection can provide the following relief for six months to a year: removing your husband from the home, custody of the children to you, child support from him and a restraining order against him...
Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers
1 Answer
| Asked
in
Child Custody, Divorce and Family Law
for
South Carolina
on
Answered on Sep 5, 2018
Answered on Sep 5, 2018
Cheryl Ann Truesdale's answer
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause action would be to ask the court to hold the mother in contempt of court for not returning the child and to take steps to return the child to you. If you don't have court ordered custody, you need to...
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause action would be to ask the court to hold the mother in contempt of court for not returning the child and to take steps to return the child to you. If you don't have court ordered custody, you need to...
Q: I'm going broke paying child support, is there anything I can do to drop/lower it ?
Cheryl Ann Truesdale's answer
You question doesn't say, but assuming you are paying court ordered child support,the support amount can always be modified if there has been a substantial change in circumstances following the issuance of the court order that warrants the modification. For example, if you income has decreased you may be entitled to a reduction in your child support amount. There are other factors that can be considered as well, depending on the facts of your case. I suggest that you consult with a lawyer to...
You question doesn't say, but assuming you are paying court ordered child support,the support amount can always be modified if there has been a substantial change in circumstances following the issuance of the court order that warrants the modification. For example, if you income has decreased you may be entitled to a reduction in your child support amount. There are other factors that can be considered as well, depending on the facts of your case. I suggest that you consult with a lawyer to...
Q: After years of paying child support, founding out the child is not the father's.Can a judge order mother to repay?
Cheryl Ann Truesdale's answer
No. The time to find out whether you were the biological father was at the initial child support hearing. The court cannot order someone to pay child support unless paternity is established. That can be done by the alleged father admitting to the judge that he is the biological father or it can be done through DNA testing, but the DNA test must be requested at the initial child support hearing. If you were court ordered to pay child support and did not request a DNA test at that hearing, you...
No. The time to find out whether you were the biological father was at the initial child support hearing. The court cannot order someone to pay child support unless paternity is established. That can be done by the alleged father admitting to the judge that he is the biological father or it can be done through DNA testing, but the DNA test must be requested at the initial child support hearing. If you were court ordered to pay child support and did not request a DNA test at that hearing, you...
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