Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... View More 
answered on Jan 30, 2023
Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... View More
answered on Jan 30, 2023
In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... View More
I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is... View More
answered on Nov 11, 2022
Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if... View More
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.
answered on Nov 11, 2022
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... View More
My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... View More
answered on Nov 11, 2022
The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... View More
answered on Sep 2, 2022
First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.
My two year old is being diagnosed with autism and speech delay. The biological father has been in and out of her life since birth and now has been no contact with the child in question since march and it's now almost September... By the time the next court hearing happens it will be close to... View More
answered on Aug 25, 2022
S.C. Code Ann. Section 63-15-240(B) requires the Family Court to consider the best interests of the child when determining custody, including the temperamental and developmental needs of a child, the capacity and disposition of the parents to understand and meet the needs of the child, and the past... View More
answered on Aug 25, 2022
Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.
If the child has never lived in SC, then SC does not have jurisdiction to decide custody.... View More
In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... View More
answered on Aug 25, 2022
It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.
SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can... View More
During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... View More
answered on Aug 25, 2022
It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... View More
answered on Aug 3, 2022
When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).
This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.
answered on Aug 25, 2022
I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.
Court... View More
shared legal custody and I have sole physical custody.
answered on Aug 3, 2022
Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.
What should I do?
July 15th through 17th 2022
Aidyn told me his father fed him twice this last weekend between Friday to Sunday.
K'Ami said he left them Friday evening and came back 5am Saturday morning leaving her to babysit her 8 year old disabled brother and 11... View More
answered on Aug 3, 2022
If you have a lawyer, then this is information you need to share with them. If there is a Guardian ad Litem appointed to your case, then you should share the information with them too.
answered on Jul 6, 2022
Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in... View More
answered on Mar 30, 2022
Was your first hearing a final hearing or a temporary hearing? If it was a temporary hearing you cannot file an appeal, unfortunately. The good news, however, is that you still have a chance at a favorable outcome in the next hearing so try not to worry too much.
Can I go to there school to see or eat lunch with them seeing how it's just a temporary order?
answered on Mar 19, 2022
What does your order say? Stick to that. While it’s heartbreaking to not be able to see the child, I would advise against doing anything that the order may prohibit or even that could cause an issue. Do you have an attorney? Maybe speaking to one about your exact situation could get you quicker... View More
I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.
answered on Dec 2, 2021
You can ask any attorney you consult with about how much experience they have defending DSS cases.
I live in a toxic household with my grandmother. My dad kicked me out 2 years ago. I really want to live with my mom. I have been asking since i was 14 ,but my father and grandmother told me know because they don't like my mother. My mother has no reason for why I can't live with her she... View More
answered on Nov 10, 2021
In SC, in order to be able to make this decision on your own you would need to be 18 or older. However, if 18 is pretty far away, you could always speak with you mom about requesting custody of you through the family court.
Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In... View More
answered on Dec 2, 2021
The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders,... View More
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