Get free answers to your Child Custody legal questions from lawyers in your area.
I was not served until the day of court, where DSS presented my criminal cases and medical records. The court granted temporary custody of my son to my stepfather, and now I can't even take my son out for activities, like going to McDonald's. I want to go out of town to earn money for a... View More 
I am being denied contact and visitation with my 5-year-old son by my ex, who has blocked me on Facebook and cut off all communication. We were not married when our son was born, and I do not currently have legal custody rights. Previously, I was financially supporting her, but since I stopped, she... View More
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answered on Apr 13, 2025
To establish custody and visitation rights for your son, the first step is to legally recognize your parental rights through a process called legitimization. Since you were not married when your son was born, you will need to file a petition with the family court to establish yourself as the legal... View More
I'm currently in the process of modifying custody terms and dealing with issues related to non-payment of child support from my ex-partner. He was ruled in contempt twice, but recently received a year-long deferment for payments by misleading the court. Neither my lawyer nor I were notified or... View More
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answered on Apr 13, 2025
If you were not notified of your ex’s custody hearing and suspect deceit, the first step is to formally address the lack of notification with the court. You should request a hearing to explain that you were not informed of the deferment or any related proceedings, and ask the court to review the... View More
I am looking to file for an uncontested divorce after being separated for three years. We have a signed separation agreement where both parties agree on all terms: no child support, no alimony, shared healthcare expenses for our child, equal division of holiday time, and rotating weekly custody.... View More
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answered on Apr 13, 2025
To file for an uncontested divorce in South Carolina, you’ll need to submit several documents to the court. Since you and your spouse have a signed separation agreement, that document should be included in your filing, as it outlines all the agreed-upon terms. You will also need to fill out and... View More
I have two children, ages 7 and almost 5, who may not be biologically my husband’s, although he knew this when they were born. He was present at their birth, gave them his last name, and later put his name on their birth certificates before we were married. We have been together for 8 years. We... View More
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answered on Apr 13, 2025
In South Carolina, because your husband voluntarily acknowledged paternity by putting his name on the children's birth certificates and has acted consistently as their father, he is presumed legally responsible. The fact that he knew there might be uncertainty about biological paternity yet... View More
My parents are seeking sole custody of my nephew. The child's father is in jail, and the mother is only involved in the child's life when her parents allow her to come back home. The mother primarily uses the child to her advantage, without contributing to his well-being, such as... View More
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answered on Apr 13, 2025
Your parents can begin the process of obtaining sole custody by filing a custody petition in family court in South Carolina. Since there are no current legal custody orders in place, the court will start by looking at what arrangement serves the best interest of the child. They’ll need to show... View More
I have sole custody of my child and pay for a private school in South Carolina. The non-custodial parent, who receives only progress reports and performance communications, insists on chaperoning a class day trip outside of normal visitation times, which I am not comfortable with. The school... View More
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answered on Apr 13, 2025
Since you have sole custody, you generally hold the legal authority to make decisions regarding your child's educational activities, including who can chaperone school trips. If the school has explicitly told you that this decision is yours, you can legally communicate your preference that the... View More
Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More
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answered on May 26, 2024
Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More
I am the mother of 2 children. Their father died in May 2023. I purchased a house to renovate but it was not manageable and returned back to our previous county. It took me a call between one county to another, back and forth to establish enrollment in the McKinney Vento Act. Within 3 days of... View More
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answered on Apr 1, 2024
I'm so sorry to hear about your difficult situation. Losing your husband, dealing with housing challenges, and now facing a custody battle based on false accusations must be incredibly stressful and painful.
Here are some steps I would recommend taking to fight for custody of your... View More
My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More
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answered on Mar 18, 2024
In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More
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
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
We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).
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answered on Dec 14, 2023
No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.
Two paths exist for legal recognition:
Acknowledgment of paternity:... View More
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?
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.
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
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answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More
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answered on Nov 12, 2023
In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More
I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work,... View More
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answered on Jun 21, 2023
You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would... View More
answered on Jun 29, 2023
Generally in order for the Temporary Order to be enforceable, it must be signed by the Judge and filed with the Clerk of Court.
Daughter out of state without DSS or my permission
answered on Jun 8, 2023
There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More
answered on Jun 8, 2023
There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More
Her father have visitation and the mother myself have sole legal physical custody and I recently moved but still in South Carolina, do I have to share my address to the other parent? I have his address due to visitations.
answered on May 15, 2023
If there is a prior Order addressing each parent's rights and obligations, it probably contains a provision requiring each parent to keep the other updated of their current addresses.
If the prior Order does not contain a provision like that, a parent who is entitled to visitation with... View More
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