Get free answers to your Family Law legal questions from lawyers in your area.
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
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.
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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
what are all the cause and effect factors
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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
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
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
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
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
There is a line in my agreement that states “Each Christmas Eve Day except from 4:00 p.m. until 7:00 p.m. when the parties’ son will be with Ms. Legg (custodial parent). Otherwise the parties will use the Judge Brown schedule for Christmas holiday visitation”.
Per Judge Brown... View More
answered on Dec 26, 2023
If there is inconsistency between two provisions of the Order, then it would be difficult for a parent to be held in contempt for being unsure which provision to follow. Your best option is to consult with the lawyer who helped prepare the agreement.
They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0
answered on Dec 26, 2023
The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.
answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More
We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).
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answered on Dec 14, 2023
No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.
Two paths exist for legal recognition:
Acknowledgment of paternity:... View More
Currently married in SC. Marriage has been rocky for years. I was offered a promotion which is a better opportunity for me and my 3 minor children but it is in NC. Can I leave my husband and move to NC with my 3 children?
answered on Dec 11, 2023
You can, but any case filed for divorce/child custody will have to be in filed in the county in South Carolina in which you and your husband last lived together.
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
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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... View More
When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report
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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
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
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.
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.
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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
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
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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
Went to probate then to bank said I may have to pay off.
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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
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
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answered on Oct 18, 2023
You can always buy the house from the estate.
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.
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.
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
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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
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