Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Real Estate Law for South Carolina on
Q: How to address unauthorized use of property by a family member in SC?

My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.

1 Answer | Asked in Family Law and Military Law for South Carolina on
Q: how do my husband and i change our names even though we live abroad?

my husband and i are dual military and have been stationed over seas for over 4 years. we are having trouble changing our names to show we are married. our marriage certificate only has our separate names not the name we want to be changed to. how do we change our names even though we are living... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2025

Changing your names while living overseas can be tricky, but it is possible. Since your marriage certificate only lists your original names, you will likely need to go through a legal name change process rather than just updating documents. Each state has its own requirements, and since you are... View More

1 Answer | Asked in Family Law, Immigration Law and Public Benefits for South Carolina on
Q: Must a legal immigrant count the income of the family he is staying with to qualify for free legal services?

A friend and her young children are staying with me. She has no assets or income but her husband and kids receive Medicaid, food stamps and other government benefits. Must she count my income when applying for free or low cost legal services? If so, can I count her kids as members of our household... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2025

Generally, when applying for free legal services, you only need to report your own household's income and assets. Since your friend and her children are temporarily staying with you but are not financially dependent on you or related to you, your income should not be counted as part of her... View More

1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My baby father was picked up for a child support warrant but the order is now closed and he doesn’t owe can he get out?

They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0

Megan Hunt Dell
Megan Hunt Dell
answered on Dec 26, 2023

The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.

1 Answer | Asked in Family Law for South Carolina on
Q: If there are no specific pick-up and drop-off times listed in an agreement, does the visiting parent get visitation??

There is a line in my agreement that states “Each Christmas Eve Day except from 4:00 p.m. until 7:00 p.m. when the parties’ son will be with Ms. Legg (custodial parent). Otherwise the parties will use the Judge Brown schedule for Christmas holiday visitation”.

Per Judge Brown... View More

Megan Hunt Dell
Megan Hunt Dell
answered on Dec 26, 2023

If there is inconsistency between two provisions of the Order, then it would be difficult for a parent to be held in contempt for being unsure which provision to follow. Your best option is to consult with the lawyer who helped prepare the agreement.

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 for South Carolina on
Q: What do I do once a Power of Attorney has been signed, witnessed and notarized?

My mom fell in July and had surgery on her hip and wrist. She is 90. I have the POA, but I do not know what to do now. She lived in Gaffney, SC before her accident, but now has an assisted living apartment in Greenwood, SC so she can be closer to me and my family. She will have palliative... View More

Ryan D Templeton
Ryan D Templeton
answered on Nov 14, 2023

You will need to file the financial power of attorney in the register of deed office for the county where she resides.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

1 Answer | Asked in Family Law, Elder Law, Landlord - Tenant and Probate for South Carolina on
Q: Is there any way I can keep my father's house?

My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

You can always buy the house from the estate.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A South Carolina attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. This is something that a divorce attorney would know better than an insurance defense or banking attorney (the chosen categories). In the interim, there could be... View More

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
PREMIUM
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 Estate Planning, Family Law and Elder Law for South Carolina on
Q: I live in South Carolina, do you need a notary signature and seal for a dual power of attorney?

My mother has dementia, we are doing paperwork while she is still mentally here but no money for an attorney. Will, living will, dual power of attorney. I know we can file at the court house, we just wanna make sure we have the paperwork done right.

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

You should consult with an attorney. If your mother has dementia, she may not have capacity to execute the documents. You may need to pursue a guardianship. You should consult with an elder law attorney.

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
Allan Baron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, Military Law and Family Law for South Carolina on
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.

I'm a SAHM

No money saved

No family near me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of:

1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific...
View More

1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
View More

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My friend was sentenced to 30 days concurrent how soon can i get her out She is in there for child support
Megan Hunt Dell
Megan Hunt Dell
answered on Jun 8, 2023

Generally, if someone is incarcerated for nonpayment of child support, they have been held in civil contempt, and they can be released once they pay the amount set by the court as the "purge payment." The County Clerk's office can tell you how much the purge payment is.... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.