South Carolina Questions & Answers by Practice Area
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South Carolina Questions & Answers
Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?
1 Answer
| Asked
in
Child Custody, Domestic Violence and Family Law
for
South Carolina
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Cheryl Ann Truesdale's answer
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Q: if a temp. custody order was granted and the case was dismissed ... shouldnt i have my child back
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
South Carolina
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Cheryl Ann Truesdale's answer
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
Q: My friend's mom got pulled over for driving without a license. Her mom came to this country illegally.
Elisha F Svosve's answer
The answer to your question requires an analysis of more detail than you have provided. Your friend's mom needs to consult an immigration lawyer for an in-depth consultation.
The answer to your question requires an analysis of more detail than you have provided. Your friend's mom needs to consult an immigration lawyer for an in-depth consultation.
Q: My child's father took me to court for child support after a year he didn't take me back to court so the case is closed
Cheryl Ann Truesdale's answer
You only acquire legal custody if a final order is issued giving you legal custody. Your question doesn't state what if any court orders were issued or whether the child was born out of wedlock or born during a marriage which makes the question difficult to answer.
You only acquire legal custody if a final order is issued giving you legal custody. Your question doesn't state what if any court orders were issued or whether the child was born out of wedlock or born during a marriage which makes the question difficult to answer.
Q: Am I entitled to have 3 days off for my aunt passing away?
Jeremy R. Summerlin's answer
South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.
South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.
Q: Can I being married (but separated for 15 years) stop me from getting the real father's name on kids birth certificates?
Cheryl Ann Truesdale's answer
No, but you would have to file a family court case to have him declared the biological father in order to get his name on the birth certificate. A child born during a marriage is legally presumed to be the child of the husband, so you will also have to add your husband as a party to the case to resolve the paternity issue.
No, but you would have to file a family court case to have him declared the biological father in order to get his name on the birth certificate. A child born during a marriage is legally presumed to be the child of the husband, so you will also have to add your husband as a party to the case to resolve the paternity issue.
Q: I have a loan against a CD and I was wondering if I claim bankruptcy will they take the CD? South Carolina
Cristina M. Lipan's answer
This sounds like it's a secured claim, which does not get discharged in bankruptcy like unsecured debts (like credit cards, etc). There are various ways to deal with secured debts - one of which is surrendering the property/asset. You can also just continue paying on that loan (or reaffirm the debt).
Information provided for informational purposes only and should not be taken as legal advice.
This sounds like it's a secured claim, which does not get discharged in bankruptcy like unsecured debts (like credit cards, etc). There are various ways to deal with secured debts - one of which is surrendering the property/asset. You can also just continue paying on that loan (or reaffirm the debt).
Information provided for informational purposes only and should not be taken as legal advice.
Q: What do I do when I work at a store that has highly unethical and borderline illegal practices
1 Answer
| Asked
in
Employment Law and Legal Malpractice
for
South Carolina
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Jeremy R. Summerlin's answer
If the unethical conduct violates the law, then you can report such conduct to the appropriate authorities. It depends greatly on the exact facts of your case as to whether you would be protected from retaliation if you report the misconduct. You should seek counsel with an experienced employment lawyer to review your situation and determine what options you might have.
If the unethical conduct violates the law, then you can report such conduct to the appropriate authorities. It depends greatly on the exact facts of your case as to whether you would be protected from retaliation if you report the misconduct. You should seek counsel with an experienced employment lawyer to review your situation and determine what options you might have.
Q: My husband hurt his back on the job in August of 2016. He was released from doctor in May 2017 but still having issues.
Carole Jean Hayes' answer
You really do need to get an attorney. Whatever money you have been offered by insurance company will be yours without an attorney fee. The attorney is entitled to 1/3 of anything over and above what you have already been offered. So, that having been said, why don't you just call one of us on AVVO and talk to us because if he is still having problems with his back, there are certain considerations that must be addressed. Is he really at maximum medical improvement? Does he need a second...
You really do need to get an attorney. Whatever money you have been offered by insurance company will be yours without an attorney fee. The attorney is entitled to 1/3 of anything over and above what you have already been offered. So, that having been said, why don't you just call one of us on AVVO and talk to us because if he is still having problems with his back, there are certain considerations that must be addressed. Is he really at maximum medical improvement? Does he need a second...
Q: job wants signature to addedum in handbook to withhold earned vacation time if terminated.
Jeremy R. Summerlin's answer
The answer would depend on the specific language of the addendum and policy. You should take both to an employment attorney for a consult.
The answer would depend on the specific language of the addendum and policy. You should take both to an employment attorney for a consult.
Q: As a Supervisor, Is it retaliation if I’m terminated due to employee accusations against me of retaliation?
Jeremy R. Summerlin's answer
No, retaliation is only when YOU make a legally protected complaint (of discrimination, for example) and then the employer fires you or takes other adverse employment action against you.
No, retaliation is only when YOU make a legally protected complaint (of discrimination, for example) and then the employer fires you or takes other adverse employment action against you.
Q: I recently left a company with a non-compete that specifies a territory "within the United States". Is this enforceable?
Jeremy R. Summerlin's answer
The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY tend to be more enforceable. However, there are defenses that can raised to the enforcement of non-compete agreements. You should schedule a consult with an experienced non-compete lawyer in South...
The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY tend to be more enforceable. However, there are defenses that can raised to the enforcement of non-compete agreements. You should schedule a consult with an experienced non-compete lawyer in South...
Q: Is an employer allowed to take an employees tips?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
South Carolina
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.
If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.
Q: Terminated after being charged at. Was charged with Assault and battery 3rd degree. Case dismissed. Can I sue employer?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
South Carolina
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.
If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.
Q: I need a lawyer to deal with work place retaliation and protected status of race discrimination; under section 1981.
Jeremy R. Summerlin's answer
You can find an employment lawyer through the Find a Lawyer function via Justia. You can also contact the SC Bar's Lawyer Referral Service as well.
You can find an employment lawyer through the Find a Lawyer function via Justia. You can also contact the SC Bar's Lawyer Referral Service as well.
Q: A city hires a Judge for its court system and does not put out the job for applicants to apply and a 20 year employee
Jeremy R. Summerlin's answer
You would need more facts than a "feeling" that you were discriminated against on the basis of your sex. However, if you do have additional facts, you can contact the EEOC to file a charge of discrimination against the employer. You have 300 days from the date of the action to file.
You would need more facts than a "feeling" that you were discriminated against on the basis of your sex. However, if you do have additional facts, you can contact the EEOC to file a charge of discrimination against the employer. You have 300 days from the date of the action to file.
Q: At work of they ask you to leave early due to labor can you legally say no in leaving.
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Legal Malpractice
for
South Carolina
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.
You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.
Q: How do i get a chapter dissmissed without using a lawyer
D. Nathan Davis' answer
If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.
You can write a letter to the Clerk of Court for the district you are in and they will usually process the request. If there are assets that could be paid to your creditors, you may not be able to get a Chapter 7 case dismissed.
You...
If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.
You can write a letter to the Clerk of Court for the district you are in and they will usually process the request. If there are assets that could be paid to your creditors, you may not be able to get a Chapter 7 case dismissed.
You...
Q: I drive a company truck. Am I responsible to pay for any accidental damage done to the truck while on job?
Peter Munsing's answer
Not necessarily. If you are leaving, leave. He can try suing you but you were doing his business. Ask to see the estimates first--make copies. If he tries to sue you you have a defense. Was the bumper deformed?
Not necessarily. If you are leaving, leave. He can try suing you but you were doing his business. Ask to see the estimates first--make copies. If he tries to sue you you have a defense. Was the bumper deformed?
Q: My soon to be 4 yr old son's biological father has never been present in his life. He didnt sign the birth certificate.
1 Answer
| Asked
in
Family Law, Adoption and Child Custody
for
South Carolina
on
Answered on Mar 27, 2018
Answered on Mar 27, 2018
Cheryl Ann Truesdale's answer
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or support cannot be because you prevented visitation or support. You will need a lawyer to help you with a consent or a termination.
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or support cannot be because you prevented visitation or support. You will need a lawyer to help you with a consent or a termination.
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