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South Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I have joint custody with my ex-husband he is keeping my daughter from me and is involved DSS what do I need to do
Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Jan 18, 2018

When a report is made to DSS they conduct an investigation to determine if there is evidence of abuse or neglect. If they find no such evidence after investigation, they will issue an "Unfounded" report and close the case. If they find there is evidence of abuse or neglect they will open... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Help!!!

My children went to NM to stay with their dad for awhile. No court papers were filed. I want my children to come home because he has been withholding information regarding my kids. Schools health and everything that has to do with the kids. He won’t let the kids tell me anything. I don’t even... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

How did you let the kids go without not knowing where they would be staying? Sorry to say but that was careless unless he has moved or given you wrong address. Please consult with a lawyer and a Private Investigator to locate your children and file a petition for custody. This will not be easy or... View More

1 Answer | Asked in Child Custody and Divorce for South Carolina on
Q: If the child isn't biologically his, does the child have to be mentioned in divorce papers for custody?

My husband and I separated a year ago and I recently had a baby. I can't put the father's name on the birth certificate bc I'm still married. When I file the divorce papers, do I need to put my second child down as well? And request sole custody for him since he isnt biologically... View More

Wesley Stoddard
Wesley Stoddard
answered on Nov 26, 2017

In SC a child born during a marriage presumes the father is your husband. For this reason this child does need to be included so the Divorce Decree will address the paternity snd name the natural father. Snydebts accumulated during the marriage are presumed to be marital debts so they need to be... View More

1 Answer | Asked in Child Custody for South Carolina on
Q: My daughter had been living with me the past 4yrs and now the mother has taken her from me. Is this legal?
Taylor Silver
Taylor Silver
answered on Aug 17, 2017

Answering this question as it applies to you requires a lot more information. For example, among other factors, it would matter whether or not you and your wife were ever married, whether there is a paternity test or affirmation of paternity, and whether there is a formal order of custody of your... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Can South Carolina require an Unwed mother to return to the state with children after she has already moved?

My wife and I have 2 children from her previous relationship. The father and her never married, under SC code 63-17-20 states that custody is solely the natural mothers. We have tried to work with the father to work out visitation with a court case in SC where she currently resided with children.... View More

Regina Irene Edwards
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answered on Apr 21, 2017

She can move. It's unlikely the court will make her move back. In fact, the court can't tell anyone to move. The court just awards custody to either party. However, she should inform him of the move, give an address of where she will be living and offer to make arrangements for him to... View More

1 Answer | Asked in Child Custody for South Carolina on
Q: We have custody of our grand daughter for 10 yrs. Now her dad wants custody. Can he get her.
Brian Lehman
Brian Lehman
answered on Mar 30, 2017

The answer is yes, but a court would need to order this to happen. A factor that can weigh greatly in the grandparents' favor is if they have been acting as their grandchild's parents prior to seeking custody.

I would highly recommend you see a family law lawyer to discuss how to...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for South Carolina on
Q: Are there any cases in SC where 15 yr old can be emancipated?

In the case where the biological mother is a drug abuser and the biological father has criminal domestic violence charges can a 15 1/2 year old female become emancipated? She can show where she will be financiallly cared for by another family willing to have her live with them.

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

Assuming that you are the 15 1/2 year old female, I would recommend going to a lawyer immediately. I would expect that you could find a lawyer who might help pro bono. Check out http://www.theparentingplacepca.org, which is an organization in the city you listed (Easley, SC). You might also... View More

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