You question doesn't say, but assuming you are paying court ordered child support,the support amount can always be modified if there has been a substantial change in circumstances following the issuance of the court order that warrants the modification. For example, if you income has decreased you...Read more »
I'm in a marriage that is going to well but I have an idea for a patent and plan to file for a provisional patent in the next few days. Should I just get a friend of mine to take ownership until I'm sure I can own the patent safely.
No. The time to find out whether you were the biological father was at the initial child support hearing. The court cannot order someone to pay child support unless paternity is established. That can be done by the alleged father admitting to the judge that he is the biological father or it can be...Read more »
I am primary custodial parent and have all decisions except education. Montessori is not suited for my son, in my opinion. The Montessori school he attends is a public school. I would think the court would side with a traditional setting instead of Montessori, even though she has educational... Read more »
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in...Read more »
My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable to... Read more »
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody...Read more »
I have primary custody and he visits her 8 weeks in summer some time at christmas and spring break. he did not want to go this year but had to. she now is threatening to seek full custody and is requesting by email for me to mail her written consent to take him to a counselor in her state.... Read more »
Your best course of action is to schedule an appointment with a lawyer for a consultation as to the appropriate action. Do take your court order to the consultation, so the lawyer can review it's provisions
A court order should innumerate the rights and responsibilities of each parent. However, even if the court order doesn't address the non-custodial parents rights, S.C. Code Sec. 63-5-30 states that each parent, whether custodial or non-custodial,, has equal right to access to and right to obtain...Read more »
My husband and his girlfriend has offered to pay their lawyer completely for our divorce. The thing is, is that during our separation I had a daughter with my boyfriend and now there is an issue of a guardian ad litem being appointed to my daughter who doesn’t biologically belong to my husband... Read more »
A child born during a marriage is by law presumed to be the child of the husband's. Therefore your divorce case must include your boyfriend as well as your husband as parties so that your boyfriend's paternity can be legally established and the presumption that your husband is the father can be...Read more »
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having...Read more »
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be...Read more »
Man lives at her house does not pay rent or expenses but buys food and groceries at times. When he gets drunk-almost daily, very aggressive punching wall, cursing all the time and call her disrespectful names. My daughter is friend with man’s mother who told her to never marry him, call the cops... Read more »
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of...Read more »
my daughters paternal grandma had a temp custody order granted to her in 2008 .. it was dismissed in 2009... i do not have my daughter back, she collects child support via scdss from me on my daughter, she withholds that temp order's visitation rights from me and also locked my daughter away in a... Read more »
You only acquire legal custody if a final order is issued giving you legal custody. Your question doesn't state what if any court orders were issued or whether the child was born out of wedlock or born during a marriage which makes the question difficult to answer.
South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.
The kids have his last name but his name isn't on their birth certificates. He's in prison and working and willing to send child support. But must be listed as legal father on long form birth certificates.
No, but you would have to file a family court case to have him declared the biological father in order to get his name on the birth certificate. A child born during a marriage is legally presumed to be the child of the husband, so you will also have to add your husband as a party to the case to...Read more »
But he does pay child support only when his freedom is in jeopardy. My son doesnt know him let alone as his father. My fiance however wants to legally adopt him place his name on the birth certificate and give my son his last name. This is the man my son knows as daddy. How do i go about getting... Read more »
The father may be willing to sign a consent to relinquish his parental rights in turn for the dismissal of his child support obligation. Alternatively, the grounds to terminate parental rights is if the father has failed to visit or support the child for six months, but the failure to visit or...Read more »
I signed a paper giving the mother legal and physical custody I was to have supervised visitation by my aunt's her or her mother she would never let my aunt's do the visitation so I filed a contempt of court against her a month ago and got it to where she had to allow my aunt's to do the visitation... Read more »
A minor is always appointed a guardian ad litem in family court matter, but the minor can petition the court for appointment of a lawyer. If the petition is granted, the minor would have both a guardian ad litem and an attorney.
My grandchildren and my daughter have lived with me for 2.5 yrs.. Their father has never exercised any parental rights. He agreed to pay day care for the children, but pays for only one of them and is always delinquent. My daughter left home 6 wks ago and has refused to communicate with me. I need... Read more »
You could file for legal custody of the children through the family court in your county. Having court order custody of the children would allow you to do all that you listed in your question plus it would allow you to receive child support from the parents.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.