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?
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.
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
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.
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
answered on Oct 18, 2023
You can always buy the house from the estate.
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.
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.
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.
Daughter out of state without DSS or my permission
answered on Jun 8, 2023
There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More
My ex is trying to say I abducted my daughter and spreading it all over social media.
answered on May 15, 2023
It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.
The... View More
The will says 50 /50 split for the sons. Who gets the bank account?
answered on May 5, 2023
If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.
Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... View More
answered on May 1, 2023
All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.
with no existing family court case, how does relocation law apply in SC? are there additional actions which would be required to make this move legally?
answered on Feb 7, 2023
A child born out of wedlock is presumed to be the child of the mother, but the father is required to prove his paternity to have any parental rights to the child or any financial obligation to the child.
My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?
answered on Feb 7, 2023
Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.
If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?
answered on Jan 30, 2023
You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.
Any house work or anything all is left on me can I do anything
answered on Dec 9, 2022
Hire an attorney to file an action for a Sale For Partition.
By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... View More
answered on Nov 28, 2022
There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.
answered on Nov 11, 2022
Whether to award retroactive child support is within the Family Court's discretion; however, the law is clear that the Court can *only* award retroactive support back to the date the action was filed.
She is using her biological father last name and His name was written on her Birth.I am not married with his father and He is in other country.How can I terminate his parental right when He never give child support.
I am married for 4years and My Husband want to adopt my daughter,Do we... View More
answered on Nov 11, 2022
First, you should understand that allowing your husband to adopt your daughter and changing her names are separate requests for relief.
Adoptions require very strict compliance with notice and service requirements to be valid. To determine whether you will need to give notice to your... View More
What can we do legal to protect my family from harassment.
answered on Nov 11, 2022
Schedule a consultation with a family court lawyer in your area who handles DSS cases to get advice specific to your situation.
answered on Sep 2, 2022
First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.
This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.
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... View More
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... View More
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... View More
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