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South Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for South Carolina on
Q: Could I file an appeal against dss if I've filed one appeal and lost but never spoke to my appeal attorney?

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

0 Answers | Asked in Family Law for South Carolina on
Q: I have a spousal support order from Illinois I need to register in South Carolina.

I submitted two certified copies to the clerk of the circuit court, filed an affidavit requesting it be registered, but the judge said the process wasn't done right.

0 Answers | Asked in Family Law and Probate for South Carolina on
Q: I am a joint owner of my dad's bank account. Can I simply pay my sister half to honor dad's will?

Dad suffered a severe TBI in 2020 that left him with advanced dementia. He came to live with me in SC. I was added as a joint owner of his bank accounts in order to manage his bills. This is the only asset in his estate. He has a simple will that leaves everything equally to me and my sister... View More

0 Answers | Asked in Estate Planning, Family Law and Probate for South Carolina on
Q: Documentation needed to prove a person is still living for ben. claim

Mom passed in 2020, no will/probate done. Fidelity reaches out, I file a ben. claim since they cant find my stepfather (nor can I). But they state as of public record hes dead, but in talking to his brother hes still alive (we have no contact). Fidelity rep told me to get a notarized statement or... View More

0 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: If both parties agree, would I file a stipulation to amend Final Order to amend the order?

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?

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

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My divorce hearing is 2/23/2024 and my pregnancy due date is 6/15/2024. Can I put my boyfriend on the birth certificate?
T. Augustus Claus
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answered on Feb 8, 2024

In South Carolina, if your divorce is not finalized by the time of your child's birth, your husband is presumed to be the legal father of the child due to the marriage. This presumption can complicate putting your boyfriend's name on the birth certificate at the time of birth. However,... View More

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: How can court ordered child support be eliminated without all the hassle of the fees

what are all the cause and effect factors

T. Augustus Claus
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answered on Feb 6, 2024

In South Carolina, modifying or eliminating court-ordered child support typically involves demonstrating a significant change in circumstances since the original order was issued. However, completely eliminating child support without any legal or administrative process is highly unlikely, given... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for South Carolina on
Q: Can someone be charged with custodial interference if there is no court order?

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

Cheryl Ann Truesdale
Cheryl Ann Truesdale
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

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More

Christopher Biering
Christopher Biering
answered on Jan 11, 2024

For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More

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