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South Carolina Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: If my father is my “biological” father as my parents claim why did he have to legally adopt me at 5 years old?

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

Megan Hunt Dell
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Megan Hunt Dell
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...
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2 Answers | Asked in Immigration Law and Adoption for South Carolina on
Q: Am I a US citizen?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... View More

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1 Answer | Asked in Immigration Law and Adoption for South Carolina on
Q: Adoptive father was US armed forces stationed in UK when he married my UK mother in 1984. Am I a USC?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... View More

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My Daughter is using her Biological father last name(Were not married)..What to do my husband wants to adopt her?

She is using her biological father last name and His name was written on her Birth.I am not married with his father and He is in other country.How can I terminate his parental right when He never give child support.

I am married for 4years and My Husband want to adopt my daughter,Do we... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

First, you should understand that allowing your husband to adopt your daughter and changing her names are separate requests for relief.

Adoptions require very strict compliance with notice and service requirements to be valid. To determine whether you will need to give notice to your...
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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?... View More

Megan Hunt Dell
PREMIUM
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... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for South Carolina on
Q: Can I possibly takeover custody of a baby that dss placed with his aunt?

He was born addicted to cocaine. Dss placed him with his aunt . I am not a blood relative. But my kids are. So dss placed him with her but I have him 6 nights a week and she has him 1. When thwy went to court back in Jan, his guardian ad litem asked the judge to place him with me. But instead they... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

Under South Carolina law, when children are removed from a home, there is an order of preference for where the children should be placed (with family or not). If you wish to seek custody of this child, you should seek the advice of a lawyer experienced with DSS cases and third-party custody claims.

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: I would like to be adopted by my step dad. I am almost 50 now my mother is passed away. But I have always had this need
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

South Carolina Family Court will allow an adult to be adopted by another adult. You should seek the advice of a lawyer who is experienced in handling adult adoptions.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My son is 20 years old and has been raised by myself and his stepfather and wants him listed as his father

He wants it legally documented that his stepfather is his father- is this possible? And if so how does he start the process for this?

Ryan D Templeton
Ryan D Templeton
answered on Jun 26, 2020

I would recommend reaching out to an attorney where your son lives. They will be in the best position to advise you on the process for adoption.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: How do I get an unaltered copy of an adoption decree? Before the judge made corrections. Would a copy be on record.
Ryan D Templeton
Ryan D Templeton
answered on Apr 16, 2020

The final decree as signed by the judge would be on file with the clerk of court. Any other version you would need to talk to the person that drafted the document who would more likely than not would be an attorney.

1 Answer | Asked in Adoption and Child Custody for South Carolina on
Q: My daughters paternal grandmother has primary custody and I get her every weekend father in jail signed away rights gma

Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody

Ryan D Templeton
Ryan D Templeton
answered on Apr 7, 2020

If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for South Carolina on
Q: I am wondering if my stepdad can adopt me if my biological dad's rights have been terminated due to abuse?

My biological dad's rights were terminated when I was 4 due to physically and sexually abusing me and my mother. I am now 16 and have been living with my mom and stepdad since I was 5. I'm trying to get adopted by my stepdad but am not sure if I need my birth father's consent, as he... View More

Ryan D Templeton
Ryan D Templeton
answered on Feb 15, 2020

Since you are under the age of 18 your mother and stepfather would have to file to do all of this. Assuming your biological father’s parental rights have been terminated you would not need his consent either for adoption or for a name change. I would recommend you reach out to an attorney near... View More

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: Can my husband adopt my son if his biological father does nothing for him?

My sons biological father is court ordered to pay $333 child support but he's over $11,000 behind. I've asked him to call and talk to my son. I've even asked him to buy birthday, and Christmas gifts but never does. I had to have 3 delinquency letters sent out to him do to no child... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 28, 2018

Failure to support or visit during a continuance six month period can be grounds to terminate parental rights. The biological father, however, can voluntarily relinquish his parental rights and consent to an adoption. I suggest you get a consultation with a lawyer your area since you will need a... View More

1 Answer | Asked in Family Law, Child Custody and Adoption for South Carolina on
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?

My boyfriend has been in my child’s life since he was born but he isn’t the biological father. The biological father and i does not associate with each other, and hasn’t since the beginning of my pregnancy out of me being scared of him and what he may do to my and my child.

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Oct 19, 2018

A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for South Carolina on
Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right

The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Sep 9, 2018

Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for South Carolina on
Q: My soon to be 4 yr old son's biological father has never been present in his life. He didnt sign the birth certificate.

But he does pay child support only when his freedom is in jeopardy. My son doesnt know him let alone as his father. My fiance however wants to legally adopt him place his name on the birth certificate and give my son his last name. This is the man my son knows as daddy. How do i go about getting... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Mar 27, 2018

The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or... View More

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