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Questions Answered by Cheryl Ann Truesdale
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: if a temp. custody order was granted and the case was dismissed ... shouldnt i have my child back

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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

1 Answer | Asked in Family Law for South Carolina on
Q: My child's father took me to court for child support after a year he didn't take me back to court so the case is closed

Does this mean I have primary custody again?

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.

1 Answer | Asked in Family Law for South Carolina on
Q: Can I being married (but separated for 15 years) stop me from getting the real father's name on kids birth certificates?

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.

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for South Carolina on
Q: My soon to be 4 yr old son's biological father has never been present in his life. He didnt sign the birth certificate.

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: What do I need to do to answer a motion filed against me to modify my visitation

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.

1 Answer | Asked in Family Law for South Carolina on
Q: Can a 12 to 13 year old person retain their own attorney in the state of SC.? Not a Guardian Ad Litem
Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.

1 Answer | Asked in Family Law for South Carolina on
Q: How can I obtain rights to get Medicaid reinstated for my grandchildren.

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.

1 Answer | Asked in Family Law for South Carolina on
Q: How do you reply to a visitation summons? Which form is the correct one to fill out?
Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Can a parent violate court order over accusations without proof?
Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: Where do you file for a childs name change, birthplace or state of residency?

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: In the absence of a medical poa who has guardianship of parent when no one has been appointed in south Carolina

My dad is incapacited.death bed. Girlfriend of 15 years .not common law .no will.no poa.

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband and I have a 9 month old child and I do not work. We both agreed for me to stay home with the child.

He threatens to throw me out of our home and sell my vehicle. He is also threatening to remove me from our checking account and all access to funds. We have been married for 2 years. I am also currently unable to work pending carpal tunnel surgery I am needing as I am a hairdresser. What are my... Read more »

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

You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I was told I can either willingly sign over my rights to my kids and get visitation or fight it and not see them,

my sister has custody and she told me this is the legal?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 13, 2018

A written consent to terminate parental rights must state that you are signing over your rights freely and voluntarily AND a lawyer must review the consent with you and explain your rights before you sign and your consent must be witnessed. You mention nothing about how your sister came to have... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: can my sister force me to sign over my rights even if she has custody?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 8, 2018

No, to relinquish parental rights, the law requires that the relinquishing parent be represented by a lawyer in executing the relinquishment document and the relinquishment must be voluntary.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: dss closed my case in 2015. my mother has custody. does courts ruling of supervised visits still apply?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 8, 2018

The Court's order will remain in full force and effect until it is replaced by a subsequent order modifying it. Child custody, visitation and child support are always modifiable if either party petitions for a modification AND if the evidence presented shows that there has been a... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: Is there a law now stating that child support can no longer take your license bc of child support
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jan 29, 2018

There is a bill pending in the State General Assembly that would repeal the statute that authorizes suspending a person's driver's license for failure to pay child support. As of January 10, 2018 that bill was being reviewed in committee. It will have to go to and be signed by the... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I have joint custody with my ex-husband he is keeping my daughter from me and is involved DSS what do I need to do
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jan 18, 2018

When a report is made to DSS they conduct an investigation to determine if there is evidence of abuse or neglect. If they find no such evidence after investigation, they will issue an "Unfounded" report and close the case. If they find there is evidence of abuse or neglect they will open... Read more »

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