Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Cheryl Ann Truesdale
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 »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: If you've cancelled child support through court twice. What are odds for signing up again.

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 5, 2018

Child support can always be paid through the court upon proper petition to the court.

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

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 29, 2018

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... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for South Carolina on
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband

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

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

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... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for South Carolina on
Q: I have a very disturbing common law marriage question as well as one about residing in our home.

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 25, 2018

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 »

1 Answer | Asked in Family Law for South Carolina on
Q: Will a judge look at texts I have saved to prove my sons father is an unfit, abusive, drug addict, with crimal history?

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 14, 2018

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.

1 Answer | Asked in Criminal Law for South Carolina on
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

He was arrested on the 5 of sept. He was never notified as to how much in arrearages and he told the judge that he had lost his job his wages were never garnished and his license was never revoked. What can I do to get him out it was set with a no bond. He was awarded visitation as well but she... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 14, 2018

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... Read more »

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

The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 9, 2018

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... Read more »

1 Answer | Asked in Family Law for South Carolina on
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.

He tries to manipulate the kids to think bad about me. I've asked him to leave because I can't afford to move but he can. The kids get scared when he starts hollering at me and cussing. Its very unhealthy for everyone, but he want leave.

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

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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers

I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 5, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: I'm going broke paying child support, is there anything I can do to drop/lower it ?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 28, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
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
Cheryl Ann Truesdale answered on Aug 24, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.

I am primary custodial parent and have all decisions except education. Montessori is not suited for my son, in my opinion. The Montessori school he attends is a public school. I would think the court would side with a traditional setting instead of Montessori, even though she has educational... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 23, 2018

If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?

My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jul 12, 2018

Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: my son is visiting his mother in another state during the summer.

I have primary custody and he visits her 8 weeks in summer some time at christmas and spring break. he did not want to go this year but had to. she now is threatening to seek full custody and is requesting by email for me to mail her written consent to take him to a counselor in her state.... Read more »

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

Your best course of action is to schedule an appointment with a lawyer for a consultation as to the appropriate action. Do take your court order to the consultation, so the lawyer can review it's provisions

1 Answer | Asked in Family Law for South Carolina on
Q: I have primary custody - do i have to provide any information to my ex about adademics, routine dr dentist & vision appt
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jun 28, 2018

A court order should innumerate the rights and responsibilities of each parent. However, even if the court order doesn't address the non-custodial parents rights, S.C. Code Sec. 63-5-30 states that each parent, whether custodial or non-custodial,, has equal right to access to and right to... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: What kind of lawyer can help with getting a name changed from baby boy in the state of SC. The child is now 5 years old

He is still listed in the state of SC as baby boy and this needs to be changed so that he can get registered for school this upcoming school year.

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

Consult a lawyer in your area who handles family court cases.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Is there any way to get around a guardian ad litem during a divorce in South Carolina?

My husband and his girlfriend has offered to pay their lawyer completely for our divorce. The thing is, is that during our separation I had a daughter with my boyfriend and now there is an issue of a guardian ad litem being appointed to my daughter who doesn’t biologically belong to my husband... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jun 27, 2018

A child born during a marriage is by law presumed to be the child of the husband's. Therefore your divorce case must include your boyfriend as well as your husband as parties so that your boyfriend's paternity can be legally established and the presumption that your husband is the father... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I legally move my son out of state without his father's consent? We were never married.
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jun 20, 2018

A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: What kind of rights does my child’s father have if we never married

He is on the birth certificate

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 24, 2018

An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be... 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.