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South Carolina Family Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for South Carolina on
Q: Can I appeal as a mother if my lawyer missed the date to file an appeal and I didn't know about it until 1week b4 adopti
Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2022

First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: In child custody when a court order is needed can I file papers to refute such an order based on the children’s needs?

This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.

Court...
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1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: What can I do?

During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: How to ask judge to make defendant fill out "financial verification (SCCA 430)" form and let me have the info?

In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.

SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can...
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1 Answer | Asked in Domestic Violence and Family Law for South Carolina on
Q: It a dad makes no attempt to see his child in 3 months is that ok by the family court?

Last year before my son and I went into dv shelter. My ex while I was in fl at my parents moved out of our home. Took all his belonging as well as mine. I still haven't got back some things court ordered for him to return. He never told me where he went. He ghosted my son and I for almost 5... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

From your question, it's unclear whether you want your ex to visit with your son. I can tell how frustrated you are about dealing with this situation. The only mechanism the Family Court has to compel people to comply with its Orders is to hold them in contempt, and the sanctions for contempt... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I'm in SC, baby was born in Florida and lives with mother in NC. Where do I go to court to get shared custody?
Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.

If the child has never lived in SC, then SC does not have jurisdiction to decide custody....
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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can autism cause extenuating circumstances in a child custody cause ? If child is getting diagnosis during the case?

My two year old is being diagnosed with autism and speech delay. The biological father has been in and out of her life since birth and now has been no contact with the child in question since march and it's now almost September... By the time the next court hearing happens it will be close to... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

S.C. Code Ann. Section 63-15-240(B) requires the Family Court to consider the best interests of the child when determining custody, including the temperamental and developmental needs of a child, the capacity and disposition of the parents to understand and meet the needs of the child, and the past... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Divorced June 2011, ex has filed to stop alimony. I rent from male friend. Can I bring up his wrong financial statement.

I did not want my divorce. My ex promised if I would not file for my rightful half of marital property that when my (alone) adult daughter's moved out due to divorce ( because we had problems getting them out on their own ) then he and I would reunite because he loved me but he needed to get... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for South Carolina on
Q: Going through divorce. I signed my part on our taxes. He did not. Family law judge court ordered us to file jointly.

I did my part, he did not. Since still married its hurtingt me. I also wasn't able to get child tax credit nor will I anymore due to the fact my soon to be ex husband did not sign so therefore we didn't file our taxes. Court ordered by family law Judge we file jointly. I did my part. He... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If your court order requires the two of you to file jointly, then you could seek to have your ex held in contempt for violating the order. The mechanism to do so is called a Petition for Rule to Show Cause. The procedure is laid out in Family Court Rule 14.

1 Answer | Asked in Family Law, Estate Planning and Probate for South Carolina on
Q: My father left me all his belongings in his Will. How do I get his stuff from his girlfriends house, car etc legally.

I live in Tacoma, WA. His car, photos, police memorabilia and belongings are at his girlfriends house in which he stayed. She is not cooperating with me Getting his stuff although I am the sole beneficiary in his will. They weren’t married. I have the Will but, I want to get the stuff with no... Read more »

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

at first I would like to note that I am not able to answer this from the exact point of view of your jurisdiction. So I will be telling a general legal advice and how I would proceed in your case.

In my country there is a special type of action that can be filed to...
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1 Answer | Asked in Family Law for South Carolina on
Q: If my spouse left the house but his name is on the rental agreement, and he has stopped making payments. What can I do?
Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

You would need to file an action for separate support and maintenance in Family Court, along with a Motion for Temporary Relief. At a hearing on a Motion for Temporary Relief, a judge can decide who has to contribute to which expenses during the period of separation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: In the state of south Carolina if my baby daddy gives up his parental rights will he still have to pay child support?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: My ex wife has full custody. She said "Don't touch my kids" because I spanked our son. Can I legally discipline kids?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jul 6, 2022

Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Family Law and Probate for South Carolina on
Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?

Timothy Denison
Timothy Denison
answered on Apr 5, 2022

Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for South Carolina on
Q: How soon can I file an appeal for family court after the first hearing? Judge made decision but haven't received final.
Brittany Holmes
Brittany Holmes
answered on Mar 30, 2022

Was your first hearing a final hearing or a temporary hearing? If it was a temporary hearing you cannot file an appeal, unfortunately. The good news, however, is that you still have a chance at a favorable outcome in the next hearing so try not to worry too much.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: When a family member has temporary custody of your child and visitation is on their discretion and they want let you

Can I go to there school to see or eat lunch with them seeing how it's just a temporary order?

Brittany Holmes
Brittany Holmes
answered on Mar 19, 2022

What does your order say? Stick to that. While it’s heartbreaking to not be able to see the child, I would advise against doing anything that the order may prohibit or even that could cause an issue. Do you have an attorney? Maybe speaking to one about your exact situation could get you quicker... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have to hire a lawyer in order to regain custody of my child?

In 2018 my sons paternal aunt took me to court and was granted custody of him because of my drug use. I entered treatment a couple years later and will now be sober 2 years on June 30th. I also have since had a daughter that is 7 months old and is also bilogicaly her niece and she has never tried... Read more »

Brittany Holmes
Brittany Holmes
answered on Mar 15, 2022

Based on what you’ve shared, I would encourage you to hire a lawyer. There may need to be more than just a petition and having an attorney analyze your case prior to filing could be beneficial. This is typically not a case that you should approach alone as there seems to be a few different things... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey
answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar
answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

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