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Questions Answered by Cheryl Ann Truesdale
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for South Carolina on
Q: DSS removed my child due to a positive drug screen that is not accurate due to a medication I'm prescribed

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 4, 2020

What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Back in 2012 i signed a document between me and my parents for them to have temporary custody of my son and had it

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 20, 2020

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 »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mother wants to transfer her property to me. We're unsure of how to proceed with that. Is it easiest to sell it?

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 25, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father passed away in June of 2016. My mother was left everything with

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 21, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What are my options for getting my girls back?

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 2, 2019

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.

2 Answers | Asked in Family Law for South Carolina on
Q: Do I legally have to talk to DSS if I already signed a contract stating I dont need supervision with my child?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 9, 2019

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.

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1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: husband left no paperworks filed can he force me to leave home to rent or sell it ,my name is not on the place.
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 16, 2019

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.

1 Answer | Asked in Family Law for South Carolina on
Q: Can I establish visitation rights to my daughter while living in another country?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 3, 2019

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 »

2 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: I have been served a summons and notice regarding alleged contempt of a court order. How do I proceed on my own?

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?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 5, 2019

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 »

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1 Answer | Asked in Family Law for South Carolina on
Q: Have visitation with my son, his dad is asking for a background check and all info on sitter or I don’t see my son??
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 24, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can you appeal/overturn an ex parte/emergency custody order?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 29, 2019

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.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 8, 2019

You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: Can a new (first time) child support court order request funds for previous years of non-support?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jan 3, 2019

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.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: Can my husband adopt my son if his biological father does nothing for him?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 28, 2018

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 »

1 Answer | Asked in Family Law for South Carolina on
Q: I am the primary care giver to my eight biological children. Im concerned im being accused of neglect.

I have no source of income. No one to help me. My hisband has a violent temper. Afraid im being accused of neglect.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 7, 2018

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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?

Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Nov 26, 2018

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.

1 Answer | Asked in Family Law for South Carolina on
Q: My daughter father just moved over 2 1/2 hrs away and wants me to bring her to to him.

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Nov 20, 2018

You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.

1 Answer | Asked in Family Law, Child Custody and Adoption for South Carolina on
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 19, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
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?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 11, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
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

He was born in Columbia, sc and I currently pay child support.

He makes it known verbally that he wanted to come with me.

They have been in Connecticut for the past 5 years possibly.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 8, 2018

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... Read more »

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