Get free answers to your Child Custody legal questions from lawyers in your area.
I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.
answered on Dec 2, 2019
You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.
If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... View More 
answered on Oct 11, 2019
A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.
Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home... View More
answered on Oct 9, 2019
There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.
I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?
answered on Aug 5, 2019
Contempt hearings are not decided on affidavits, but rather on evidence and testimony presented at the hearing. The burden to prove contempt is on the moving party and must show which specific paragraph of the Order was violated. Evidence presented must show that the accused party willfully... View More
answered on Apr 29, 2019
An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.
He was granted joint custody with him as the domicilary parent, with me only being granted supervised visitations at his discretion, but he doesn't allow me to see her at all, and she is in a dangerous environment. Please help.
answered on Apr 8, 2019
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.
answered on Nov 26, 2018
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
My mother is 62. She's has quite a bit of medical problems. She also takes care of my 86yrs grandmother, who has dementia. She also has custody of my sisters children. She got a third offense shoplifting charge. Her public defender wants her to take a plea of 18 months. Is that the... View More
answered on Oct 30, 2018
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites... View More
My boyfriend has been in my child’s life since he was born but he isn’t the biological father. The biological father and i does not associate with each other, and hasn’t since the beginning of my pregnancy out of me being scared of him and what he may do to my and my child.
answered on Oct 19, 2018
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a... View More
Our daughter has spent equal amounts of time in each household, however, the relationship between the father and I has become increasingly strained. I have taken a travel physical therapy position in Texas and want to move there with my daughter. At first her father agreed, but then fought me about... View More
answered on Oct 11, 2018
You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court... View More
He was born in Columbia, sc and I currently pay child support.
He makes it known verbally that he wanted to come with me.
They have been in Connecticut for the past 5 years possibly.
answered on Oct 8, 2018
Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of... View More
My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full... View More
answered on Sep 29, 2018
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established... View More
Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing
answered on Sep 28, 2018
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to... View More
The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born... View More
answered on Sep 9, 2018
Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month... View More
I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know... View More
answered on Sep 5, 2018
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to... View More
I am primary custodial parent and have all decisions except education. Montessori is not suited for my son, in my opinion. The Montessori school he attends is a public school. I would think the court would side with a traditional setting instead of Montessori, even though she has educational... View More
answered on Aug 23, 2018
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in... View More
My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable... View More
answered on Jul 12, 2018
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child... View More
answered on Jun 20, 2018
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child.... View More
He is on the birth certificate
answered on May 24, 2018
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
