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South Carolina Family Law Questions & Answers
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 Divorce and Family Law for South Carolina on
Q: My husband left me 2 months ago and I would like to purchase a home. Can I purchase it without it becoming marital asset
Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »

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

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Is there anything that can be done to get an Order, signed by a Judge in Family Court, reversed? He ruled against defend

The couple were married only 6 weeks when she had to leave. She is 23 and she was threatened by the Plaintiff with an arrest if she didn't come in and sign the Separation Papers that day. Out of fear, she did sign without reading them thereby that separation of properties, she didn't know... Read more »

Breanna Compitello
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Breanna Compitello pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2022

Sounds like there may have been some level of coercion in signing the document. When the documents are signed and incorporated into a court proceeding, the Judge always asks questions to rule out any coercion. If this was outside of court and just an agreement signed between the parties, then there... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Tax Law and Probate for South Carolina on
Q: Ex and I are JTROS on our paid for home. Partition default judgement months ago, but delinquent tax sale does what to us

What happens with the partition during the redemption period of the delinquent tax sale?

Anthony M. Avery
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Anthony M. Avery
answered on Dec 6, 2022

Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.

2 Answers | Asked in Child Support and Family Law for South Carolina on
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 28, 2022

In South Carolina, the Family Court will typically not allow you to voluntarily relinquish your rights to allow you to avoid paying child support.

The child's mother could go through the Department of Social Services administrative process to establish paternity and child support. If...
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2 Answers | Asked in Child Support and Family Law for South Carolina on
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to... Read more »

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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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Stone V Thompson 2019 decision concerning common law marriage: Does the 2019 decision allow for a "grandfather clause" ?

Those in common law marriages before the 2019 decision can still be considered as being married?

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

Yes, the Stone v. Thompson decision prevented creation of new common law marriages after it was decided (on July 24, 2019), but if a common law marriage was established before that date, its existence can be proven by clear and convincing evidence.

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... Read more »

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
PREMIUM
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 »

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