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South Carolina Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for South Carolina on
Q: I live with my girlfriend our son and her daughter from another marriage we have been together for 6 years

I live with my girlfriend we have a son together and she has a daughter which I never adopted I am the only one that works in the household my question is would I have to pay alimony if we split I'm ok with child support also would she be able to take him out of state I have also decided I... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for South Carolina on
Q: I’m an undocumented grandparent seeking custody of my two grandchildren who are now in DSS foster care after abuse by…

…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?

Agnes Jury
Agnes Jury answered on Jun 2, 2021

This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!

1 Answer | Asked in Adoption, Child Custody and Family Law for South Carolina on
Q: Can I possibly takeover custody of a baby that dss placed with his aunt?

He was born addicted to cocaine. Dss placed him with his aunt . I am not a blood relative. But my kids are. So dss placed him with her but I have him 6 nights a week and she has him 1. When thwy went to court back in Jan, his guardian ad litem asked the judge to place him with me. But instead they... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

Under South Carolina law, when children are removed from a home, there is an order of preference for where the children should be placed (with family or not). If you wish to seek custody of this child, you should seek the advice of a lawyer experienced with DSS cases and third-party custody claims.

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: I would like to be adopted by my step dad. I am almost 50 now my mother is passed away. But I have always had this need
Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

South Carolina Family Court will allow an adult to be adopted by another adult. You should seek the advice of a lawyer who is experienced in handling adult adoptions.

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I'm unwed with a child and would like to know what my legal right are with my child? father not pay chd sup. no vistati

Father not paying child support or rarely see his child. Father residence is in Georgia

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: DSS showed up on false allegations..

DSS showed up with no paperwork, stating a false allegation from someone who has done this to me twice before.. demanded my husband and I take hair follicle and instant urine the following day.

Did what was directed, it's been a week now and I have not heard anything at all.... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

Your husband should have a consultation with a lawyer who is experienced in defending allegations made to DSS.

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: Hi my brother in law is behind in child support from 2 of his exes.... the main problem here, is that for one case, the

mother is, i believe, incarcerated and also the 2 girls are above 18 yrs of age...in the 2nd case his other 2 kids with a different mother, she no longer has them, and she never let him talk to or see their kids just to be cruel....he needs advice bc the lady at family court told me that he... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

He needs to seek a consultation with a lawyer experienced in child support cases.

1 Answer | Asked in Libel & Slander, Divorce, Employment Law and Family Law for South Carolina on
Q: Can my husband get me for abandonment if I move out of the home because he has a girlfriend.

has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.

1 Answer | Asked in Family Law for South Carolina on
Q: My exwife has custody of our kids, during my visits she tells me I’m not aloud to take my kids to a restaurant during

The pandemic and if I do take them out I won’t be aloud to come get my kids of a certain period of time as punishment. What can I do about this?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 17, 2021

It depends on what your court order says. If the order grants you a defined schedule of visitation - alternate weekends from 6 pm Friday to 6 pm Sunday, for example - and your ex-wife is interfering with that schedule, you can file a rule to show cause in court to seek enforcement of that... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: My Step daughters mom keeps threatening to just keep her every time she gets mad about something. Can she do that?

She's been Living with us for over 5 Years. She has not supported her financially at all. Not involved in school, doctors or anything important to the the child's well being. I have been more her mother then her biological one. Can she do really just do that? She has never been stable... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

You will need to contact a Family Court attorney in your area. This is a very complicated area of the law and really depends on what the current custody agreement/order says. If she is violating a custody order there is an enforcement mechanism that may be of assistance.

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have rights to our home

My husband bought a house only put his name on the deed and title with an insurance check with both of our names on the check. Trying to be the sole owner by not adding my name to the title, when we have a disagreement he tell me I have to leave

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

If you are married any property purchased during the marriage is going to be marital property regardless of how the property is titles absent specific circumstances. If may be worth stilling down with a family law attorney in your area to go over your specific situation.

1 Answer | Asked in Estate Planning and Family Law for South Carolina on
Q: As a beneficiary in SC am I entitled to see the will if I am not an executor?

my older 3 siblings are executors I am youngest

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

In South Carolina the original will should be filed with the probate court with in 30 days of the decedent's death. If the will has been filed, as a beneficiary of the will you should be able to review the will at the local probate court.

1 Answer | Asked in Family Law, Domestic Violence and Probate for South Carolina on
Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... Read more »

Mike Branum
Mike Branum answered on Aug 29, 2020

I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Hi, I have a question about retaining my daughter past visitation due to COVID-19

I live in New York, where cases are trending downward. My ex, whom I am not divorced from lives in South Carolina, a state that does not have their COVID-19 cases under control. There is no official custody agreement, but she has been living in South Carolina for a year. My ex and I have already... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 10, 2020

This is really a SC question as your daughter has lived there for more than 6 months. In general, since there is no order of custody, you both have equal rights to your daughter. If you keep your daughter here, the issue will be decided in a SC court.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Am I able to sell my house (prior to divorce being finalized) if it was given to me in the separation agreement?

SC Residency

Ryan D Templeton
Ryan D Templeton answered on Jul 16, 2020

If a final order of separate support and maintenance has been approved by the Family Court giving you ownership of a marital home then you are fine selling the home. I would recommend consulting with your family court attorney or a real estate attorney in your area in you have any further questions.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My son is 20 years old and has been raised by myself and his stepfather and wants him listed as his father

He wants it legally documented that his stepfather is his father- is this possible? And if so how does he start the process for this?

Ryan D Templeton
Ryan D Templeton answered on Jun 26, 2020

I would recommend reaching out to an attorney where your son lives. They will be in the best position to advise you on the process for adoption.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for South Carolina on
Q: DSS removed my child due to a positive drug screen that is not accurate due to a medication I'm prescribed

I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 4, 2020

What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Back in 2012 i signed a document between me and my parents for them to have temporary custody of my son and had it

Notarized, this was not done through the court system at all, my son has been living with me since 2014 i asked them multiple times to sign him back over but they never would now that i have chosen to move out of state the have decided to pull the temporary customer agreement back out an say that i... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 20, 2020

Although your question doesn't state where the agreement was entered into, I assume that it was done in South Carolina. Because your agreement was never court approved, it is not enforceable as a custody order. It would merely convey to your parents the authority to obtain medical care for... Read more »

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: How do I get an unaltered copy of an adoption decree? Before the judge made corrections. Would a copy be on record.
Ryan D Templeton
Ryan D Templeton answered on Apr 16, 2020

The final decree as signed by the judge would be on file with the clerk of court. Any other version you would need to talk to the person that drafted the document who would more likely than not would be an attorney.

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