Get free answers to your Child Custody legal questions from lawyers in your area.
I had a TPR hearing and my lawyer didn't do her job at all as she was on a high profile murder case as well. There was also what I considered a conflict of interest as part of the people involved in my case (those who called DSS) where also involved in the murder trial. And my lawyer... View More 
I let him get our child every other weekend since he is living with his sister and can be superviser. He took him out of state, after I told him not too, and lied about it. I have a fear that if he gets him again, he will not give him back. We go to court in a month for temporary relief for our... View More
I am looking to add a stipulation that any out-of-state travel with third parties must have both parents' consent to the Final Order. If my ex agrees to it, how difficult is it to do this?
he’s going to be at a local arena. He’s a singer, my nephew’s father. Can he be served at the local arena with a Marshall or chef officer? my sister passed away a year ago. My nephew’s father is negligent in his care doesn’t pay child support. My mother, who’s taking care of him since... 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
My ex is trying to say I abducted my daughter and spreading it all over social media.
answered on May 15, 2023
It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.
The... View More
My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?
answered on Feb 7, 2023
Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.
She wants custody of the kids who my fiance has primary custody
answered on Jan 30, 2023
Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.
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