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South Carolina Child Custody Questions & Answers
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

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 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 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

James L. Arrasmith
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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 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

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Hi! A parent in South Carolina with sole legal and physical custody have to share a change of address to the otherparent

Her father have visitation and the mother myself have sole legal physical custody and I recently moved but still in South Carolina, do I have to share my address to the other parent? I have his address due to visitations.

Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

If there is a prior Order addressing each parent's rights and obligations, it probably contains a provision requiring each parent to keep the other updated of their current addresses.

If the prior Order does not contain a provision like that, a parent who is entitled to visitation with...
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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Who is the visiting parent? In final order it states the visiting parent won’t get the following weekend after a holiday
Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What should a father do if a mother runs to another state from SC with minor child?

Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I had my son when his father and I were split up. His father is not on the birth certificate

I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: If im going for child support, is custody arrangements included in that or does the father have to take me back for that

My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 11, 2022

The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: If an unlicensed grandparent drives a child or lives with an undoc immigrant, could that have significance in custody?

I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 11, 2022

Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Should a father file for divorce or child abandonment first. Mother abandoned children and spouse 10 years ago.

Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I leave my husband and move out of state with my 3 children?

Currently married in SC. Marriage has been rocky for years. I was offered a promotion which is a better opportunity for me and my 3 minor children but it is in NC. Can I leave my husband and move to NC with my 3 children?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 11, 2023

You can, but any case filed for divorce/child custody will have to be in filed in the county in South Carolina in which you and your husband last lived together.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: When do temporary orders go into effect with family court? From the date of the hearing or once the order is signed?
Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Generally in order for the Temporary Order to be enforceable, it must be signed by the Judge and filed with the Clerk of Court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for South Carolina on
Q: I signed a kinship care agreement with my mother for my daughter to reside with her. Can she legally take my

Daughter out of state without DSS or my permission

Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I have sole custody of my daughter but have relocated to another country

My ex is trying to say I abducted my daughter and spreading it all over social media.

Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.

The...
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