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South Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law for South Carolina on
Q: What is the process to add a middle name to a minor's birth certificate in SC?

I need to add a middle name to my minor child's name on their birth certificate, as it was originally omitted. The process hasn't been initiated yet, but both parents are in agreement about the change. What forms and steps are required to complete this process in South Carolina?

1 Answer | Asked in Immigration Law, Divorce and Family Law for South Carolina on
Q: Can my husband be deported despite having green card and citizenship through me?

I want to know if my husband can be deported. He has a green card and citizenship through me. We both worked in a store he owns, but recently he kicked me out and is now being nasty. We are currently living separately, and he is not coming to talk or discuss matters for separation. What are my... View More

James L. Arrasmith
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answered on Mar 23, 2025

No, your husband cannot be deported if he has obtained U.S. citizenship. Once someone becomes a U.S. citizen, they have permanent protection from deportation regardless of any marital issues. However, I notice some confusion in your description - a person typically has either a green card OR... View More

0 Answers | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Process for filing uncontested divorce in SC with signed separation agreement.

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

0 Answers | Asked in Family Law, Child Support and Child Custody for South Carolina on
Q: Is my husband legally responsible for child support if we are separated and he isn't the biological father?

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

0 Answers | Asked in Child Custody and Family Law for South Carolina on
Q: How can my parents obtain sole custody of my nephew in South Carolina?

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

0 Answers | Asked in Child Custody and Family Law for South Carolina on
Q: Can I prevent non-custodial parent from chaperoning school trip?

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

0 Answers | Asked in Gov & Administrative Law and Family Law for South Carolina on
Q: Can I refuse a non-court-ordered DSS drug screen in SC?

I would like to know if I can refuse a drug screen requested by DSS that is not court-ordered. There is no history of drug abuse, and DSS is pursuing this due to accusations from a person. There is no ongoing investigation; however, there was a prior investigation when my child was born, but my... View More

1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Real Estate Law for South Carolina on
Q: How to address unauthorized use of property by a family member in SC?

My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More

Anthony M. Avery
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answered on Mar 6, 2025

You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.

0 Answers | Asked in Divorce, Domestic Violence, Family Law and Real Estate Law for South Carolina on
Q: How to retrieve personal belongings and assets from spouse in SC?

I am a legal resident of South Carolina, and my husband is currently incarcerated for CDV of a high and aggravated nature. While he is under a no-contact order and awaiting a bond hearing on the 11th, I want to serve him papers to keep him away when he is angry. Before that, I wish to retrieve my... View More

1 Answer | Asked in Family Law and Military Law for South Carolina on
Q: how do my husband and i change our names even though we live abroad?

my husband and i are dual military and have been stationed over seas for over 4 years. we are having trouble changing our names to show we are married. our marriage certificate only has our separate names not the name we want to be changed to. how do we change our names even though we are living... View More

James L. Arrasmith
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answered on Jan 28, 2025

Changing your names while living overseas can be tricky, but it is possible. Since your marriage certificate only lists your original names, you will likely need to go through a legal name change process rather than just updating documents. Each state has its own requirements, and since you are... View More

1 Answer | Asked in Family Law, Immigration Law and Public Benefits for South Carolina on
Q: Must a legal immigrant count the income of the family he is staying with to qualify for free legal services?

A friend and her young children are staying with me. She has no assets or income but her husband and kids receive Medicaid, food stamps and other government benefits. Must she count my income when applying for free or low cost legal services? If so, can I count her kids as members of our household... View More

James L. Arrasmith
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answered on Jan 8, 2025

Generally, when applying for free legal services, you only need to report your own household's income and assets. Since your friend and her children are temporarily staying with you but are not financially dependent on you or related to you, your income should not be counted as part of her... View More

1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
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answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
James L. Arrasmith
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answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Federal Crimes and Probate for South Carolina on
Q: According to genealogy when I was a young child in 1983 a untrustworthy trustee changed the name do I start an appeal?

Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.

James L. Arrasmith
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answered on Jul 21, 2024

You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.

If a lawyer from that time, like...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
James L. Arrasmith
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Family Law for South Carolina on
Q: I am trying to file for separation and I printed out the separation agreement and took it to the court house to file. Wh

How do I go about doing all this? I was under the impression I could fill out the paper and pay a filing fee and that was done

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Jun 7, 2024

An agreement has to be approved by a judge after a hearing where both parties appear, have provided financial declarations and answered the judge's questions. A hearing can only be scheduled for a case that has been previously filed with the court. A case is commenced in family court by the... View More

1 Answer | Asked in Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Child Custody, Civil Rights and Family Law for South Carolina on
Q: What actions do I take against an aunt who gained temporary custody with and emergency hearing with false information

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

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

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