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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... View More
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... View More
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... View More
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... View More
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.... View More
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
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... View More
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.
answered on Jun 28, 2018
Consult a lawyer in your area who handles family court cases.
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... View More
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... View More
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.... View More
He is on the birth certificate
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... View More
Man lives at her house does not pay rent or expenses but buys food and groceries at times. When he gets drunk-almost daily, very aggressive punching wall, cursing all the time and call her disrespectful names. My daughter is friend with man’s mother who told her to never marry him, call the cops... View More
answered on Apr 14, 2018
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of... View More
my daughters paternal grandma had a temp custody order granted to her in 2008 .. it was dismissed in 2009... i do not have my daughter back, she collects child support via scdss from me on my daughter, she withholds that temp order's visitation rights from me and also locked my daughter away... View More
answered on Apr 14, 2018
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
Does this mean I have primary custody again?
answered on Apr 13, 2018
You only acquire legal custody if a final order is issued giving you legal custody. Your question doesn't state what if any court orders were issued or whether the child was born out of wedlock or born during a marriage which makes the question difficult to answer.
The kids have his last name but his name isn't on their birth certificates. He's in prison and working and willing to send child support. But must be listed as legal father on long form birth certificates.
answered on Apr 11, 2018
No, but you would have to file a family court case to have him declared the biological father in order to get his name on the birth certificate. A child born during a marriage is legally presumed to be the child of the husband, so you will also have to add your husband as a party to the case to... View More
But he does pay child support only when his freedom is in jeopardy. My son doesnt know him let alone as his father. My fiance however wants to legally adopt him place his name on the birth certificate and give my son his last name. This is the man my son knows as daddy. How do i go about getting... View More
answered on Mar 27, 2018
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or... View More
I signed a paper giving the mother legal and physical custody I was to have supervised visitation by my aunt's her or her mother she would never let my aunt's do the visitation so I filed a contempt of court against her a month ago and got it to where she had to allow my aunt's to do... View More
answered on Mar 24, 2018
To modify the prior court order you need to be able to show that there has been a substantial change in circumstances that warrants changing custody. You will need a lawyer to help you do that.
answered on Mar 22, 2018
A minor is always appointed a guardian ad litem in family court matter, but the minor can petition the court for appointment of a lawyer. If the petition is granted, the minor would have both a guardian ad litem and an attorney.
My grandchildren and my daughter have lived with me for 2.5 yrs.. Their father has never exercised any parental rights. He agreed to pay day care for the children, but pays for only one of them and is always delinquent. My daughter left home 6 wks ago and has refused to communicate with me. I need... View More
answered on Mar 21, 2018
You could file for legal custody of the children through the family court in your county. Having court order custody of the children would allow you to do all that you listed in your question plus it would allow you to receive child support from the parents.
answered on Mar 21, 2018
The Summons in a case merely informs you that you have thirty days from the date of service to submit a written Answer to the Complaint, which is the document that is attached to the Summons. The Complaint is the document that sets out the other party's allegations and requests for relief.... View More
answered on Mar 13, 2018
Court orders are enforced through the contempt powers of the court. If a parent violates a court order you can file a motion called a Rule to Show Cause asking the court to hold the parent in contempt of court and thereby compel the parent to comply with the court's order. The court can find a... View More
Not sure if anyone knows the answer. Almost 3 years ago I moved from VA to SC with my son. I have full physical and legal custody and have since my 6 year old was less than a year old. Recently my son has been asking about changing his last name from his (absent) dads to my last name (never... View More
answered on Mar 11, 2018
Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take... View More
My dad is incapacited.death bed. Girlfriend of 15 years .not common law .no will.no poa.
answered on Feb 25, 2018
Guardianship of an incapacitated person can only be granted by the probate court in the county in which your father lives after petition, notice and hearing.
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