Conway, SC asked in Divorce, Family Law and Child Custody for South Carolina

Q: Should a father file for divorce or child abandonment first. Mother abandoned children and spouse 10 years ago.

Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.

1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at the same time will be required.

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