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South Carolina Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: I'm going broke paying child support, is there anything I can do to drop/lower it ?

Cheryl Ann Truesdale answered on Aug 28, 2018

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 »

1 Answer | Asked in Divorce, Family Law and Patents (Intellectual Property) for South Carolina on

Q: Hello, If I'm wanting to file for a patent how can I protect it in case I have a divorce?

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.

Peter D. Mlynek answered on Aug 24, 2018

This is an interesting question, that has more to do with family law than patent law. But here are a few points:

Once a patent issues, then the patent is considered a personal property, just like a bank account, a car, or an art collection. Whenever there is a divorce, the property is...
Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: After years of paying child support, founding out the child is not the father's.Can a judge order mother to repay?

Cheryl Ann Truesdale answered on Aug 24, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on

Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.

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 »

Cheryl Ann Truesdale answered on Aug 23, 2018

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on

Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?

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 »

Cheryl Ann Truesdale answered on Jul 12, 2018

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 »

1 Answer | Asked in Family Law for South Carolina on

Q: my son is visiting his mother in another state during the summer.

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 »

Cheryl Ann Truesdale answered on Jun 28, 2018

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

1 Answer | Asked in Family Law for South Carolina on

Q: I have primary custody - do i have to provide any information to my ex about adademics, routine dr dentist & vision appt

Cheryl Ann Truesdale answered on Jun 28, 2018

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 »

1 Answer | Asked in Family Law for South Carolina on

Q: What kind of lawyer can help with getting a name changed from baby boy in the state of SC. The child is now 5 years old

He is still listed in the state of SC as baby boy and this needs to be changed so that he can get registered for school this upcoming school year.

Cheryl Ann Truesdale answered on Jun 28, 2018

Consult a lawyer in your area who handles family court cases.

1 Answer | Asked in Divorce and Family Law for South Carolina on

Q: Is there any way to get around a guardian ad litem during a divorce in South Carolina?

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 »

Cheryl Ann Truesdale answered on Jun 27, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on

Q: Can I legally move my son out of state without his father's consent? We were never married.

Cheryl Ann Truesdale answered on Jun 20, 2018

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on

Q: What kind of rights does my child’s father have if we never married

He is on the birth certificate

Cheryl Ann Truesdale answered on May 24, 2018

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for South Carolina on

Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?

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 »

Cheryl Ann Truesdale answered on Apr 14, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for South Carolina on

Q: if a temp. custody order was granted and the case was dismissed ... shouldnt i have my child back

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 »

Cheryl Ann Truesdale answered on Apr 14, 2018

The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants

1 Answer | Asked in Family Law for South Carolina on

Q: My child's father took me to court for child support after a year he didn't take me back to court so the case is closed

Does this mean I have primary custody again?

Cheryl Ann Truesdale answered on Apr 13, 2018

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.

1 Answer | Asked in Employment Law and Family Law for South Carolina on

Q: Am I entitled to have 3 days off for my aunt passing away?

Jeremy R. Summerlin answered on Apr 12, 2018

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.

1 Answer | Asked in Family Law for South Carolina on

Q: Can I being married (but separated for 15 years) stop me from getting the real father's name on kids birth certificates?

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.

Cheryl Ann Truesdale answered on Apr 11, 2018

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 »

1 Answer | Asked in Family Law, Adoption and Child Custody for South Carolina on

Q: My soon to be 4 yr old son's biological father has never been present in his life. He didnt sign the birth certificate.

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 »

Cheryl Ann Truesdale answered on Mar 27, 2018

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 »

1 Answer | Asked in Family Law for South Carolina on

Q: What do I need to do to answer a motion filed against me to modify my visitation

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 »

Cheryl Ann Truesdale answered on Mar 24, 2018

To modify the prior court order you need to be able to show that there has been a substantial change in circumstances that warrants changing custody. You will need a lawyer to help you do that.

1 Answer | Asked in Family Law for South Carolina on

Q: Can a 12 to 13 year old person retain their own attorney in the state of SC.? Not a Guardian Ad Litem

Cheryl Ann Truesdale answered on Mar 22, 2018

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.

1 Answer | Asked in Family Law for South Carolina on

Q: How can I obtain rights to get Medicaid reinstated for my grandchildren.

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 »

Cheryl Ann Truesdale answered on Mar 21, 2018

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.

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