SC Residency
If a final order of separate support and maintenance has been approved by the Family Court giving you ownership of a marital home then you are fine selling the home. I would recommend consulting with your family court attorney or a real estate attorney in your area in you have any further questions.
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?
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.
I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »
What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.
Notarized, this was not done through the court system at all, my son has been living with me since 2014 i asked them multiple times to sign him back over but they never would now that i have chosen to move out of state the have decided to pull the temporary customer agreement back out an say that i... Read more »
Although your question doesn't state where the agreement was entered into, I assume that it was done in South Carolina. Because your agreement was never court approved, it is not enforceable as a custody order. It would merely convey to your parents the authority to obtain medical care for... Read more »
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.
Do I need to go back to court or is she old enough to decide?
Your previous Court Order controls. Changing court-ordered custody and visitation first requires a showing of a substantial and material change in circumstances followed by a best interest of the child analysis. It is complicated and you will very likely need an attorney.
I would start by... Read more »
My long term boyfriend who is also the father of my kids is extremely verbally abusive and occasionally physically abusive to me over his paranoid insecurities. Several police reports have been filed and he was even arrested but not charged in one case. I just want him to move out of the home that... Read more »
Your only option at this moment in time (given coronavirus closures) is to file a petition for an order of protection or to move out yourself. If you can't afford a local attorney to help with this, sclegal.org assists people with this issue if you qualify.
Good luck to you.
I recently got a drug charge and DSS is involved I havent gone to court for it yet and I havent gotten any papers from DSS regarding anything. My daughter had a school performance and it was in the school gym
Absent a court order or voluntary safety plan in place you can go to a public performance at your child’s school.
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... Read more »
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... Read more »
She is mentally unstable and off her medications
You need to contact an attorney as soon as possible to advise you on this issue. Depending on the amount of time she has been gone and the current custody situation the answer could be different.
My stepsister is 16. The abuse was mental and physical. (I’m also in South Carolina)
You need to contact law enforcement in that area that they live as soon as possible and filed a report so that they can begin an investigation.
No. You cannot unless you do not know if your spouse is living. That is only a defense to the crime of bigamy. You need to file for divorce to be able to get remarried if you know your spouse to be living.
I'm a woman and i'm basically very anxious and struggle with borderline personality disorder, eating disorder, panic disorder. my mental and physical issues make it impossible for me to keep a normal job, i have no family here or friends so i have no place to stay but we both want to get... Read more »
In South Carolina in order to get a divorce you must allege a fault ground or a no fault ground. No Fault is living separate and apart for one year. Fault based grounds are adultery, physical abuse, habitual drunkenness or drug abuse, or abandonment. If none of the Fault based grounds apply to you,... Read more »
I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.
Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/
I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.
You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.
You will need to file a case in family court to delegitimize the child
I’ve never been to court so there’s no court order but there trying to take me to court and they won’t lift my supervision or close my case
The best thing that you can do to make sure that your rights are being protected is to contact a family law attorney near you so that they can review your entire case.
In order to become emancipated you must petition the family court. This can be a lengthy process if you do not have parental consent. One of the most important things that you will have to show the court is that you are able to provide for yourself and that you are mature enough live, work, and... Read more »
She was starting a relationship outside the marriage and after an arguement she left and has been staying at her Dad's house. We tried to work things out between us and it didnt work. Now she tells me she wants nothing do do with me and that she wants to get her kids when she wants and that I... Read more »
I would recommend contacting a local attorney so that you can get a family court order in place laying out the rights between you. The sooner that you do this they smoother the process will go because until there is a family court order in place she still can come to the house and has full rights... Read more »
If there is an order in place to live separate and apart you certainly have the right to go back to the family court on a rule to show cause. if you do not have an order in place that is going to be the best process for keeping him out of the apartment. Contact a local family court attorney where... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
