South Carolina Questions & Answers by Practice Area
- Bankruptcy
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- Gov & Administrative Law
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- Legal Malpractice
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- Military Law
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- Patents (Intellectual Property)
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- White Collar Crime
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South Carolina Questions & Answers
Q: Under Free Speech, what is the “matters of public concern” requirement?
Timur Akpinar's answer
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
Q: What are a teacher’s First Amendment rights?
Timur Akpinar's answer
A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of speech. The policies of a school could have a role in determining what type of speech is or is not permitted.
Tim Akpinar
A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of speech. The policies of a school could have a role in determining what type of speech is or is not permitted.
Tim Akpinar
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?
Cheryl Ann Truesdale's answer
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 to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
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 to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
Q: I was served a summons for a credit card bill. It says if I dont reply a default judgement will be made. What's that?
Timur Akpinar's answer
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...
Q: How to proceed sled josh yallbourgh peed on me lost job
1 Answer
| Asked
in
Criminal Law and Civil Litigation
for
South Carolina
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
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?
Cheryl Ann Truesdale's answer
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 establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
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 establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and...
Q: person with no priors is charged w/ larceny, assault & battery, & resisting arrest as misdemeanors will they go to jail
Stephen Grooms' answer
If he pleads guilty or is found guilty by a Judge or Jury on the charges described then he certainly could be sentenced to active prison time. For example Grand Larceny is a 0-5 year felony charge. Whether or not he is sentenced to prison time will depend on the facts, his past record, and alternative options available. I would recommend you contact a criminal defense attorney in your area to discuss his options, many attorneys will provide a free consult.
If he pleads guilty or is found guilty by a Judge or Jury on the charges described then he certainly could be sentenced to active prison time. For example Grand Larceny is a 0-5 year felony charge. Whether or not he is sentenced to prison time will depend on the facts, his past record, and alternative options available. I would recommend you contact a criminal defense attorney in your area to discuss his options, many attorneys will provide a free consult.
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
Cheryl Ann Truesdale's answer
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 son. Those are all important facts to know and discuss with a lawyer in your area.
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 son. Those are all important facts to know and discuss with a lawyer in your area.
Q: I was working 2 jobs at the time I got hurt. I only got hurt on one job but was still working at another but restricted
Ilene Stacey King's answer
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty and no light duty is offered. There is a 7 day waiting period where nothing is owed but after 14 days the right to compensation goes back to the first day written out. Most insurance companies wait...
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty and no light duty is offered. There is a 7 day waiting period where nothing is owed but after 14 days the right to compensation goes back to the first day written out. Most insurance companies wait...
Q: I was hurt on the job. Had to have surgery and was receiving workers comp checks. Now all of sudden I didn't receive it.
Ilene Stacey King's answer
It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to request and you get notice of. It sounds like you are only missing this week's check. Most likely, it is simply late, for a variety of possible reasons. That happens. It is also possible that technically...
It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to request and you get notice of. It sounds like you are only missing this week's check. Most likely, it is simply late, for a variety of possible reasons. That happens. It is also possible that technically...
Q: If you've cancelled child support through court twice. What are odds for signing up again.
Cheryl Ann Truesdale's answer
Child support can always be paid through the court upon proper petition to the court.
Child support can always be paid through the court upon proper petition to the court.
Q: Can my tenant charge me more than the cost of repairs for a large hole in the wall caused by my guests?
Salim U. Shaikh's answer
As liability rests on tenant, anyone who feels themselves responsible may take a task to get damaged portion fixed at whatever cost it may be. Over and above that cost/fine is not your liability.
As liability rests on tenant, anyone who feels themselves responsible may take a task to get damaged portion fixed at whatever cost it may be. Over and above that cost/fine is not your liability.
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?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
South Carolina
on
Answered on Sep 29, 2018
Answered on Sep 29, 2018
Cheryl Ann Truesdale's answer
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 proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
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 proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband
Cheryl Ann Truesdale's answer
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 take your children with you when you go then file a case in family court.
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 take your children with you when you go then file a case in family court.
Q: If someone is facing 2 separate 3rd degree burglary 1st offence charges with a prior criminal history
Stephen Grooms' answer
The charge of Burglary 3rd carries 5 years non violent time. However the last line here says charge was remanded to magistrate court, so it sounds like they may have plea bargained down to a misdemeanor.
The charge of Burglary 3rd carries 5 years non violent time. However the last line here says charge was remanded to magistrate court, so it sounds like they may have plea bargained down to a misdemeanor.
Q: I have a very disturbing common law marriage question as well as one about residing in our home.
Cheryl Ann Truesdale's answer
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 first get an in-office consultation with a lawyer to get advice as to the likelihood of success, based on the facts of your case, and proceed based on advice received.
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 first get an in-office consultation with a lawyer to get advice as to the likelihood of success, based on the facts of your case, and proceed based on advice received.
Q: What happens if I refuse to sign the appointments or personal representative of my late fathers death?
T. J. Jesky's answer
Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.
If you decline the job or resign after serving for a while, someone else must take over. If you're representative and you haven't yet begun probate, you should simply notify the alternate executor named in the will. If there isn't anyone,...
Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.
If you decline the job or resign after serving for a while, someone else must take over. If you're representative and you haven't yet begun probate, you should simply notify the alternate executor named in the will. If there isn't anyone,...
Q: I got married Feb.01,2017 only to find out that he was still married to another woman. I need to know what I need to do?
T. J. Jesky's answer
Before we proceed, there are a few exceptions that would prevent this from being bigamy.
1) When he married you was his absent for 7 years, e.g. at sea, continually absent where he did not know his wife was living within that time;
(2) He or she was married before the age of consent;
(3) His wife is under sentence of imprisonment for life;
If so, your the case of bigamy weakens.
In most states Bigamy is a felony. You can call the police....
Before we proceed, there are a few exceptions that would prevent this from being bigamy.
1) When he married you was his absent for 7 years, e.g. at sea, continually absent where he did not know his wife was living within that time;
(2) He or she was married before the age of consent;
(3) His wife is under sentence of imprisonment for life;
If so, your the case of bigamy weakens.
In most states Bigamy is a felony. You can call the police....
Q: If ex wife had custody but the children were taken by DSS, can the father then file for custody of them?
1 Answer
| Asked
in
Adoption, Child Custody and Divorce
for
South Carolina
on
Answered on Sep 23, 2018
Answered on Sep 23, 2018
Salim U. Shaikh's answer
The relevant court may ask you as to why you did not seek custody (full or partial) at time when they decided in favour of mother? Reasons as to how DSS has taken away children from your ex-wife? Would children agree to your custody?
The relevant court may ask you as to why you did not seek custody (full or partial) at time when they decided in favour of mother? Reasons as to how DSS has taken away children from your ex-wife? Would children agree to your custody?
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