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Questions Answered by Cheryl Ann Truesdale
1 Answer | Asked in Criminal Law, Family Law and Child Custody for South Carolina on
Q: Can someone be charged with custodial interference if there is no court order?

I was charged with custodial interference after refusing to return my child to her mother due to the mother not properly caring for my child. There was no court ordered custody and I signed the birth certificate, so I was under the impression that I had the right to keep my child in my care while... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 1, 2024

In South Carolina, signing a birth certificate provides merely rebuttable evidence that the signer is the biological father of a child born out of wedlock. The putative father's paternity must be established in a family court hearing, before he is legally recognized as the father and before he... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for South Carolina on
Q: neighbor's dog came inside of my house and attacked my dog badly. Who's responsibility is that.

They blame our nephews who is 4&5 years old left their back yard gate opened but there is no proof and no one saw that. Nephews are already inside of our house when the dog came in and attacked our dog Infront of them and our mom . We are asking them to pay the vet bill but they refused because... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 14, 2022

This isn't a family law question, it's a personal injury question. The owner of a dog is strictly liable for any injury or damage done by their dog. If the dog owner has renter's or homeowner's insurance, it will cover any damages caused by the dogs. You would need to file a... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I leave my husband and move out of state with my 3 children?

Currently married in SC. Marriage has been rocky for years. I was offered a promotion which is a better opportunity for me and my 3 minor children but it is in NC. Can I leave my husband and move to NC with my 3 children?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 11, 2023

You can, but any case filed for divorce/child custody will have to be in filed in the county in South Carolina in which you and your husband last lived together.

1 Answer | Asked in Family Law for South Carolina on
Q: If there are 2 children born out of wedlock in SC, and the mother moves with the children out of the state...

with no existing family court case, how does relocation law apply in SC? are there additional actions which would be required to make this move legally?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 7, 2023

A child born out of wedlock is presumed to be the child of the mother, but the father is required to prove his paternity to have any parental rights to the child or any financial obligation to the child.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Is it a violation if I can't meet my child's father for his visitation, if I no longer have transportation to meet him?

My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 7, 2023

Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.

1 Answer | Asked in Family Law for South Carolina on
Q: Need help with knowing our rights against dss they have been harassing my family for 3 years.im so done.

What can we do legal to protect my family from harassment.

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Nov 11, 2022

Schedule a consultation with a family court lawyer in your area who handles DSS cases to get advice specific to your situation.

1 Answer | Asked in Family Law for South Carolina on
Q: My exwife has custody of our kids, during my visits she tells me I’m not aloud to take my kids to a restaurant during

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?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 17, 2021

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... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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