Get free answers to your Family Law legal questions from lawyers in your area.
In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More 
answered on Apr 12, 2025
Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More
Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.
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answered on Jul 21, 2024
You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.
If a lawyer from that time, like... View More
We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More
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answered on Jun 21, 2024
Based on the situation described, here are some potential options and considerations:
1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be... View More
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answered on Jun 15, 2024
To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More
How do I go about doing all this? I was under the impression I could fill out the paper and pay a filing fee and that was done
answered on Jun 7, 2024
An agreement has to be approved by a judge after a hearing where both parties appear, have provided financial declarations and answered the judge's questions. A hearing can only be scheduled for a case that has been previously filed with the court. A case is commenced in family court by the... View More
Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More
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answered on May 26, 2024
Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More
He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?
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answered on May 24, 2024
If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More
He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!
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answered on Apr 6, 2024
In general, there are no laws that prohibit an adult from sharing a room with a minor relative, such as an aunt sharing a room with her nephew. Family members often share living spaces due to financial constraints or personal preferences.
However, there are a few considerations to keep in... View More
I am the mother of 2 children. Their father died in May 2023. I purchased a house to renovate but it was not manageable and returned back to our previous county. It took me a call between one county to another, back and forth to establish enrollment in the McKinney Vento Act. Within 3 days of... View More
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answered on Apr 1, 2024
I'm so sorry to hear about your difficult situation. Losing your husband, dealing with housing challenges, and now facing a custody battle based on false accusations must be incredibly stressful and painful.
Here are some steps I would recommend taking to fight for custody of your... View More
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
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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
SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More
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answered on Feb 1, 2024
Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... 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
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
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
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
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