South Carolina Family Law Questions & Answers
Q: Can you appeal/overturn an ex parte/emergency custody order?
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.
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.
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
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 »
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.
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 »
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.
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 »
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 »
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.
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 »
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.
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.
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 »
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
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.
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 »
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 »
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 »
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.
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 »
Q: If you've cancelled child support through court twice. What are odds for signing up again.
Child is 15. Lives with mom. Mom has cancelled child support through court twice because she doesnt wanna deal with court costs. He has been giving her money monthly voluntarily.
Child support can always be paid through the court upon proper petition to the court.
Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?
My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full... Read more »
Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court... Read more »
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband
Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and... Read more »
Q: I have a very disturbing common law marriage question as well as one about residing in our home.
Spent 12 years with someone who always referred to me as his wife.. even a judge in the courtroom. I claimed him on my taxes over the years, and we have purchased things such as auto insurance, healthcare, etc as husband and wife. On July 4, 2017 he ran off an married another woman, who I did not... Read more »
You would have to file for divorce and establish common law marriage as part of that case in family court. If the court finds that you are common law married, you can be granted a divorce and a division of any assets determined to be marital. You will need a lawyer to accomplish this. I suggest you... Read more »
Q: Will a judge look at texts I have saved to prove my sons father is an unfit, abusive, drug addict, with crimal history?
I spoke with a lawyer who told me my proof that my sons father is unfit will possibly not even be looked at in court..that I need letters from my sons doctor to hold this up. I have proof he is a drug using abuser with a bad crimal and mental health history. She didn’t listen to any of what I was... Read more »
Your question states that you spoke with a lawyer so it isn't clear that you had an in-office consultation with a lawyer. If you didn't, do so. A lawyer needs to see what evidence you have to be able to properly evaluate it.
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... Read more »
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... Read more »
Q: My husband drinks everyday and is very mentally abusive. We have a 16,10, and 7 year old kids. How do i make him leave.
He tries to manipulate the kids to think bad about me. I've asked him to leave because I can't afford to move but he can. The kids get scared when he starts hollering at me and cussing. Its very unhealthy for everyone, but he want leave.
You can file for an Order of Protection through the family court in your county. The Order of Protection forms can be obtained from the clerk of court's office at family court and the court can provide the contact information for a couple of agencies that can help you fill out the form. An Order of... Read more »
Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers
I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know its... Read more »
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause... Read more »
Q: I'm going broke paying child support, is there anything I can do to drop/lower it ?
You question doesn't say, but assuming you are paying court ordered child support,the support amount can always be modified if there has been a substantial change in circumstances following the issuance of the court order that warrants the modification. For example, if you income has decreased you... Read more »
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