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South Carolina Family Law Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Family Law for South Carolina on
Q: I'm facing divorce and bankruptcy in S.C. Husband refuses to take any consumer debt share. We are trying to go the

uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the complex situation you have described, I would offer the following general guidance:

- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.

- If you accept...
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0 Answers | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: My ex plans to put me on child support. What should I do? I have new home, job, and transportation. I want full custody.

My ex has kicked me out of out shared apartment that I paid the bills for. She has taken a hold of my bank account and taken money out for “my half of the bills” . She is also saying she plans to put me on child support. I want full custody of my kids. I have a new home , transportation, and... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

0 Answers | Asked in Family Law for South Carolina on
Q: How do I know if a SC DSS Inspection Warrant is valid?

INSPECTION WARRANT

IT APPEARS by affidavit now before me that the SCDSS is charged with investigating reports of alleged child abuse and/or neglect. It further appears that on or about ****, the SCDSS received a report alleging as follows: the minor child **** is currently in the hospital... View More

1 Answer | Asked in Family Law for South Carolina on
Q: What do I do once a Power of Attorney has been signed, witnessed and notarized?

My mom fell in July and had surgery on her hip and wrist. She is 90. I have the POA, but I do not know what to do now. She lived in Gaffney, SC before her accident, but now has an assisted living apartment in Greenwood, SC so she can be closer to me and my family. She will have palliative... View More

Ryan D Templeton
Ryan D Templeton
answered on Nov 14, 2023

You will need to file the financial power of attorney in the register of deed office for the county where she resides.

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

James L. Arrasmith
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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for South Carolina on
Q: My mother and sister lied to a judge and said I was going to kill myself and kill my mom. My mom now admits she lied.

My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More

James L. Arrasmith
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answered on Nov 12, 2023

In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More

0 Answers | Asked in Adoption and Family Law for South Carolina on
Q: what do me and my wife have to do in order for our daughter biological father to not have any rights to her?

Me and my wife have recently gotten back together after a separation and she was pregnant and her baby’s father wasn’t in the picture so now that the baby is born he wants to see her but we want no connection from him and her at this point. If she wishes to know her father later in life we are... View More

0 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: Is the father violating our custody agreement if he does not take the children the full fall Thanksgiving break?

Moved from Florida to South Carolina. My custody agreement states that for Thanksgiving the father should have the children from the end of school on Wednesday until the resumption of school. South Carolina fall break starts on a Monday (no school). Do we follow the school calendar or the weekday?... View More

0 Answers | Asked in Family Law and Child Support for South Carolina on
Q: How are arrearage payments calculated after 18?

The non custodial parent owes 80k in child support arrears. He's currently only paying 80 per month towards arrears. After the children turn 18 and the current order stops how are arrears calculated?

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

1 Answer | Asked in Family Law, Elder Law, Landlord - Tenant and Probate for South Carolina on
Q: Is there any way I can keep my father's house?

My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my... View More

Nina Whitehurst
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answered on Oct 18, 2023

You can always buy the house from the estate.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for South Carolina on
Q: I live in South Carolina, do you need a notary signature and seal for a dual power of attorney?

My mother has dementia, we are doing paperwork while she is still mentally here but no money for an attorney. Will, living will, dual power of attorney. I know we can file at the court house, we just wanna make sure we have the paperwork done right.

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

You should consult with an attorney. If your mother has dementia, she may not have capacity to execute the documents. You may need to pursue a guardianship. You should consult with an elder law attorney.

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: What steps can I take towards divorce as my husband does not want to accept that I do not want to continue this marriage

I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work,... View More

Allan Baron
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answered on Jun 21, 2023

You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: When do temporary orders go into effect with family court? From the date of the hearing or once the order is signed?
Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Generally in order for the Temporary Order to be enforceable, it must be signed by the Judge and filed with the Clerk of Court.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A South Carolina attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. This is something that a divorce attorney would know better than an insurance defense or banking attorney (the chosen categories). In the interim, there could be... View More

1 Answer | Asked in Divorce, Military Law and Family Law for South Carolina on
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.

I'm a SAHM

No money saved

No family near me

James L. Arrasmith
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answered on Jun 18, 2023

I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of:

1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific...
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1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
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