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South Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law for South Carolina on
Q: I am trying to file for separation and I printed out the separation agreement and took it to the court house to file. Wh

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

Cheryl Ann Truesdale
Cheryl Ann Truesdale
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

1 Answer | Asked in Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

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?

James L. Arrasmith
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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

Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

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!

James L. Arrasmith
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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...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for South Carolina on
Q: What actions do I take against an aunt who gained temporary custody with and emergency hearing with false information

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My divorce hearing is 2/23/2024 and my pregnancy due date is 6/15/2024. Can I put my boyfriend on the birth certificate?
T. Augustus Claus
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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

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: How can court ordered child support be eliminated without all the hassle of the fees

what are all the cause and effect factors

T. Augustus Claus
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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

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for South Carolina on
Q: Where can I find an attorney willing to sue SCDSS?

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

James L. Arrasmith
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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

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for South Carolina on
Q: Can someone be charged with custodial interference if there is no court order?

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

Cheryl Ann Truesdale
Cheryl Ann Truesdale
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

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

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

Christopher Biering
Christopher Biering
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

1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
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

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Me and my trans fiancé are pregnant and im carrying. Does his name on the birth certificate give him parental rights?

We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).

T. Augustus Claus
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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:...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for South Carolina on
Q: I'm facing divorce and bankruptcy in S.C. Husband refuses to take any consumer debt share. We are trying to go the

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

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

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.

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for South Carolina on
Q: My mother and sister lied to a judge and said I was going to kill myself and kill my mom. My mom now admits she lied.

My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More

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answered on Nov 12, 2023

In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

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answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: What steps can I take towards divorce as my husband does not want to accept that I do not want to continue this marriage

I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work,... View More

Allan Baron
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answered on Jun 21, 2023

You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would... View More

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