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South Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Does a guardian have to provide all documents she receives from one party to the other party? What is the code of law?

If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 11, 2019

A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.

2 Answers | Asked in Family Law for South Carolina on
Q: Do I legally have to talk to DSS if I already signed a contract stating I dont need supervision with my child?

I went to the ER. They drug tested me and i didnt know until DSS came knocking on my door saying i was drug tested and was positive for weed. Me, my daughter, and boyfriend all did drug test and DSS came back a month and half later to let us know my daughter and I are negative but my boyfriend... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

The Department of Social Services has a lot of power so it is very important to contact a local family attorney where you live so that they can intercede with the family court on your behalf if needed.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home while... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

1 Answer | Asked in Family Law for South Carolina on
Q: My husband and I have guardianship of our nephew. Started as safety plan day he was born. He is 21 months now. Mother

Hasnt seen him in over a year. Her choice. Father ask to see him approximately every 2 to 3 months now And nofinancial,emotional or physical support by either. Child doesnt really know them. Father now talking about he wants custody. He doesnt have his own place. He just got a job anot sure if hes... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

It really depends on what the current custody situation is now (is there a court order granting you custody or is there still just a DSS safety plan) and if the father is a fit parent. At the end of the day based on the amount of time that you have had the child and the substance abuse that you... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: husband left no paperworks filed can he force me to leave home to rent or sell it ,my name is not on the place.
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 16, 2019

No, you both have a right to be in the marital home unless and until the family court grants to the home to one of you in a court hearing.

1 Answer | Asked in Family Law for South Carolina on
Q: Can I establish visitation rights to my daughter while living in another country?

I currently live in Germany, but my daughter and her mother live in South Carolina, USA. My daughter's mother refuses to grant me any visitation rights, and I was never legally named as my daughter's father when she was born. Her mother and I separated before we knew she was pregnant. I try to... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 3, 2019

Since the child was born out of wedlock, the family court in the county where the child resides would have to establish paternity in order for you to exercise visitation. This is accomplished by first filing a paternity and visitation case in family court and requesting a hearing. Paternity can be... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Can I move from SC to TX with my son without having to go to court?

I have sole custody of my soon to be 12 yr old son. We have a court order for standard visitation and child support. We live in SC and dad lives in NC. Never married. My son hasn't gone for a visit since before April. Dad has agreed to that. I have been offered a promotion in TX. Can we have a... Read more »

Ryan D Templeton
Ryan D Templeton answered on Aug 15, 2019

This is a complicate issue that you will likely have to go before a judge to amend the current custody order. Even if the father agrees to the move the best course of action is to contact an attorney to amend the current custody order.

2 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: I have been served a summons and notice regarding alleged contempt of a court order. How do I proceed on my own?

I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 5, 2019

Contempt hearings are not decided on affidavits, but rather on evidence and testimony presented at the hearing. The burden to prove contempt is on the moving party and must show which specific paragraph of the Order was violated. Evidence presented must show that the accused party willfully... Read more »

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1 Answer | Asked in Family Law for South Carolina on
Q: Have visitation with my son, his dad is asking for a background check and all info on sitter or I don’t see my son??
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 24, 2019

You don't say but I assume there is a court order that granted you visitation. The Order is the controlling document so I suggest that you read it to determine your rights and obligations. If you're still not sure after reading the Order, schedule a consultation with a lawyer in your area for... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can you appeal/overturn an ex parte/emergency custody order?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 29, 2019

An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.

He was granted joint custody with him as the domicilary parent, with me only being granted supervised visitations at his discretion, but he doesn't allow me to see her at all, and she is in a dangerous environment. Please help.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 8, 2019

You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.

1 Answer | Asked in Divorce, Family Law and Immigration Law for South Carolina on
Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?

Hi, I am divorcing my wife after being married 30 days. She is from Kenya and entered the US on a K-1 visa. If she leaves the US, she will not be able to re-enter. My question is, which type of divorce (fault or non-fault) would be best in this scenario, where she will not be able to appear at a... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: Can a new (first time) child support court order request funds for previous years of non-support?

Unwed couple; 1 child, now 11 years old. Father (name on birth certificate) has not been allowed visits for 9 yrs; Mother did not accept any financial assistance. No issues have been addressed in Family Court.

Mother now married another and is asking for financial support in exchange for... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jan 3, 2019

Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.

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 support payment.... Read 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: I am the primary care giver to my eight biological children. Im concerned im being accused of neglect.

I have no source of income. No one to help me. My hisband has a violent temper. Afraid im being accused of neglect.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 7, 2018

If your are looking for help for yourself and your children to get out of an abusive situation, I suggest you contact one of the following organizations:

Safe Passage, inc. operates in York, Lancaster, Chester and Union Counties and can be reached at 800-659-0977 or through their website...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?

Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Nov 26, 2018

Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.

1 Answer | Asked in Family Law for South Carolina on
Q: My daughter father just moved over 2 1/2 hrs away and wants me to bring her to to him.

We have a court order that states that but that was over 9yrs ago when he lived less than an hour away. I have two other children and being a full time parent with a full time job will be very hard on me. I asked if we could meet halfway but he insists that I drive most of the way. Is there... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Nov 20, 2018

You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.

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 common intent... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I have daughter with a man I was with for 5 years but not married to. I want to move with her out of state. Process?

Our daughter has spent equal amounts of time in each household, however, the relationship between the father and I has become increasingly strained. I have taken a travel physical therapy position in Texas and want to move there with my daughter. At first her father agreed, but then fought me about... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 11, 2018

You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court seeking the... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Son lives in Connecticut with his mother and he wants to stay with me but his mother isn't allowing this. What can i do

He was born in Columbia, sc and I currently pay child support.

He makes it known verbally that he wanted to come with me.

They have been in Connecticut for the past 5 years possibly.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 8, 2018

Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your... Read more »

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