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 try to... 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 for... 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 support payment.... 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 common intent... 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 seeking the... Read more »
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.
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... Read more »
Child is 15. Lives with mom. Mom has cancelled child support through court twice because she doesnt wanna deal with court costs. He has been giving her money monthly voluntarily.
Child support can always be paid through the court upon proper petition to the court.
My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full... Read more »
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... Read more »
Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing
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... Read more »
Spent 12 years with someone who always referred to me as his wife.. even a judge in the courtroom. I claimed him on my taxes over the years, and we have purchased things such as auto insurance, healthcare, etc as husband and wife. On July 4, 2017 he ran off an married another woman, who I did not... Read more »
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... Read more »
I spoke with a lawyer who told me my proof that my sons father is unfit will possibly not even be looked at in court..that I need letters from my sons doctor to hold this up. I have proof he is a drug using abuser with a bad crimal and mental health history. She didn’t listen to any of what I was... Read more »
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.
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