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South Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law for South Carolina on
Q: Unwed Bio Father signed birth certificate and paternal acknowledgement. Can I change his last name to mine?

His Biological father has not contacted him for a year and a half and has not seen him in 2 and a half years

0 Answers | Asked in Family Law for South Carolina on
Q: I am not a tenant however, I do pay the hosehold bills. Now my grandson wants to evict me. Can he do this?

We bought a home together Feb. 22, 2022 of this year. he was suppose to put my name on the deed but he did not. Now thing have changed. I have no where to go. I gave him the earnest money(Gift), I was there looking and instructing him on what to look for when buying a house he's only 25 years... Read more »

0 Answers | Asked in Family Law and Gov & Administrative Law for South Carolina on
Q: Dss took my babies almost 60 days ago they still haven't found me found it or unfounded but won't let my kids come home

They gave my daughter to my x and DSS trying to get me sign temp custody . But I think he's up to something

0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: My friend is in Horry County South Carolina he is in J Ruben long he has Post it bond But not released

But not released Home detention center that they have an issue I suppose he’s Melby his paperwork the plaintive has accused him of causing her to have a miscarriage which she was not pregnant but she had been lying about it and had a miscarriage like three or four times prior to this it’s... Read more »

0 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: Court order states parents can't live in same house with kids. Mother now has sole custody, does Court order stand

Dss gave custody to maternal aunt due to neglect charges concerning parents and children testing positive for meth and parents not meeting all requirements per dss safety plan. Final court order states the parents can't live in same house as kids. The parents separated and the mother now has... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Family Law and Probate for South Carolina on
Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?

Timothy Denison
Timothy Denison answered on Apr 5, 2022

Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for South Carolina on
Q: How soon can I file an appeal for family court after the first hearing? Judge made decision but haven't received final.
Brittany Holmes
Brittany Holmes 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.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: When a family member has temporary custody of your child and visitation is on their discretion and they want let you

Can I go to there school to see or eat lunch with them seeing how it's just a temporary order?

Brittany Holmes
Brittany Holmes 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have to hire a lawyer in order to regain custody of my child?

In 2018 my sons paternal aunt took me to court and was granted custody of him because of my drug use. I entered treatment a couple years later and will now be sober 2 years on June 30th. I also have since had a daughter that is 7 months old and is also bilogicaly her niece and she has never tried... Read more »

Brittany Holmes
Brittany Holmes answered on Mar 15, 2022

Based on what you’ve shared, I would encourage you to hire a lawyer. There may need to be more than just a petition and having an attorney analyze your case prior to filing could be beneficial. This is typically not a case that you should approach alone as there seems to be a few different things... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for South Carolina on
Q: What is the best type of attorney for a DSS/CPS case? Family law seems too broad...

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.

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

You can ask any attorney you consult with about how much experience they have defending DSS cases.

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: My husband and I wanted to adopt an infant. We had an infant placed in our home through DSS in 2020.

The baby is a Safe Haven - Daniel's Law baby. The birth mothers name was on the birth certificate. The hospital made an error in placing the mothers name on the birth certificate. It's been a year and we are still waiting for a TPR and to adopt. Does the mother still have legal rights?... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

Until the mother's parental rights are terminated, she remains the child's legal parent. If the child is placed with you by DSS, then DSS has custody of the child. However, in many situations, you do not have to wait for DSS to file a TPR action; instead, you could file a private action... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for South Carolina on
Q: Can I move in with my mother at 17 without my father's permission?

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... Read more »

Brittany Holmes
Brittany Holmes 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.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: What is there to do after co parent has already been found in contempt & lost primary custody but still violating order?

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... Read more »

Megan Hunt Dell
Megan Hunt Dell 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,... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have to send my son to his fathers if he told me a day before when he wants to get him and I have no milk prepared?

Me and my 1 year old sons father have joint custody me being the primary custodian and him secondary. On our agreement it says he must notify me no later than Sunday when he wants to get him from Friday to Sunday the following weekend. He decided to tell me a day before he wants to come get him and... Read more »

Brittany Holmes
Brittany Holmes answered on Oct 21, 2021

Always follow the parenting plan. If the order is clear on when he needs to provide notice and that notice doesn’t happen, you are not in violation. However, it is important to be very clear on what the order provides so that you are properly protected.

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