Get free answers to your Family Law legal questions from lawyers in your area.
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.
I am distraught.
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 
I'm a SAHM
No money saved
No family near me
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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... View More
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
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... View More
Daughter out of state without DSS or my permission
answered on Jun 8, 2023
There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More
answered on Jun 8, 2023
Generally, if someone is incarcerated for nonpayment of child support, they have been held in civil contempt, and they can be released once they pay the amount set by the court as the "purge payment." The County Clerk's office can tell you how much the purge payment is.... View More
answered on Jun 8, 2023
There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More
answered on Jun 8, 2023
To seek to enforce the provisions of a prior court order, you must file a Rule to Show Cause. The requirements for a Rule to Show Cause are laid out in South Carolina Family Court Rule 14.
The South Carolina Supreme Court does not provide sample forms for enforcing orders related to marital... View More
He wasn’t on the birth certificate when I was born, they didn’t get married until I was over a year old. Wouldn’t he just needed to do a dna test to prove paternity to get legal rights? They also changed my last name to his when they did the adoption. I feel like if he is my biological father... View More
answered on Jun 8, 2023
First, even if he had done a DNA test and was determined to be your father, the test result (by itself) would not be enough for your birth certificate to be changed. Your parents would still have needed to file an action to have him added to the birth certificate.
It is very possible the... View More
answered on May 15, 2023
In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... View More
The will says 50 /50 split for the sons. Who gets the bank account?
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answered on May 5, 2023
If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.
Her father have visitation and the mother myself have sole legal physical custody and I recently moved but still in South Carolina, do I have to share my address to the other parent? I have his address due to visitations.
answered on May 15, 2023
If there is a prior Order addressing each parent's rights and obligations, it probably contains a provision requiring each parent to keep the other updated of their current addresses.
If the prior Order does not contain a provision like that, a parent who is entitled to visitation with... View More
My ex is trying to say I abducted my daughter and spreading it all over social media.
answered on May 15, 2023
It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.
The... View More
Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... View More
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answered on May 1, 2023
All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.
My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?
answered on Feb 7, 2023
Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.
with no existing family court case, how does relocation law apply in SC? are there additional actions which would be required to make this move legally?
answered on Feb 7, 2023
A child born out of wedlock is presumed to be the child of the mother, but the father is required to prove his paternity to have any parental rights to the child or any financial obligation to the child.
I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... View More
answered on Jan 30, 2023
Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... View More
If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?
answered on Jan 30, 2023
You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.
Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... View More
answered on Jan 30, 2023
Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... View More
answered on Jan 30, 2023
In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... View More
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