South Carolina Recent Legal Answers from Lawyers

Please do not attempt to gather meaningful insight into this issue through brief questions on a message board.  Consult with an attorney who has experience in Family Court and adoptions.  Every adoption is different.  Even what appears to be a no-contest agreement in the realm of adoptions can have major pitfalls.  Through 18 years of practice and countless adoption cases each one is different.  ... Read Answer

Yes, you would need start the naturalization process again. You will need to file a new Form N-400 with USCIS. You will be scheduled for another interview where you will need to take the English and civics/history test. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

The way to help your son is to get him a criminal defense attorney as soon as possible.  He is an adult by law, and these are serious charges.  This does not constitute legal advice and does not constitute the formation of a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You should not sign a contract with which you don't agree, but you need to know that, unless you have a current contract in place, you are an employee at will and can already be fired without cause or notitication (including for refusing to sign the offered contract) and your pay can be cut without cause or notice.... Read Answer

Family Court judges may order a party to leave a home if they are engaged in drunkenness,  physical cruelty,  or adultery.    Your  fact pattern potentially includes the first two basis for an order requiring removal.    Litigation between parties in the same home can have the potential for significant problems with safety.  You should always be concerned primarily with your safety in fact patterns described.  When safety issues exist parties should consider seeking immediate assistance, legal counsel, law enforcement, Victim's advocates office, etc.   Please commit to leaving and seeking safe refuge if things appear to be violent.   ... Read Answer

Tort actions in South Carolina are brought directly against the "at Fault" party, not the insuring entity.   If the operator of the Hertz vehicle was a South Carolina resident, South Carolina would likely be the jurisdiction for the action.  I assume that if you are dealing with  property damage, the amount in controversy does not exceed $75,000 required for a diversity action in federal court.  ... Read Answer

The standard for custody determinations between parents is a "best interests" test.   The standard for custody determination between a third party and a party requires a showing that the parent is "unfit."  Based on the heightened burden, evidence and the ability to present evidence is required at each stage of litigation.  Skilled, experienced counsel should be utilized by all parties in a case involving custody claims by third parties.  ... Read Answer

I have experienced countless clients whose criminal record was very different than they believed.  An attorney can review the official criminal history and determine possible options to remove information.  Client's should not "assume" to know the contents without detailed review of the official criminal history. For example, individuals are routinely charged with a felony, but convicted of misdemeanors that are eligible for expungement.  Many individuals benefit from the expungement process, even if the process does not completely clear the record.  Most Solicitor's office can provide the basic applications, but remember -- they do not represent you.  ... Read Answer

Child support determinations are initially made using the South Carolina Child Support Guidelines.  After an initial determination of support, a court may not modify the initial determination without a showing of a substantial change in circumstances.  To determine if a modification should be granted the court must review the previous circumstances that existed and compare them to the current circumstances.  If a person is receiving support they may possibly benefit from a modification action brought by a payor.  If I am representing a payor we attempt to estimate the possible reduction before filing the action using income information available.   I have represented numerous parents who receive support and obtained increases in support.  Each case is different. Your case is typical in that your previous order likely included daycare.  Your 14 year old is not likely in day cares but other expenses may exceed those costs.  While it is certainly possible to navigate this process without an attorney, a modest investment in representation or consultation can have a significant return over the balance of support period.  Consider seeking legal representation.  ... Read Answer

Yes, you do as the law states that to get a no-fault divorce in S.C. the parties must be seperated for one full year.  This even inculdes other homes at the same property address.  This answer neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq.  attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

As long as there is proper service and compliance with state law, a divorce in the States is good for immigration purposes. I assume that this is your question.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your mother-in-law may apply for a B-2 visiting visa and such could be given in the discretion of a US consular officer. You might be able to help by providing whatever documentation you can that she would have her medical bills covered once she is here. She may also have to convince the US consular officer as to why she could not obtain the appropriate surgery in the Philippines, which is not to my knowledge a medically backward country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

While this could be considered a simple agreement, the uncertainty of the future should be reason for pause.  An agreement for these reasons should be carefully drafted and entered considering a future that would not include pleasant relations between you and the mother.  Hope for the best, but plan for the worst.... Read Answer

Annulments receive significant scrutiny from most Family Court Judges.  Based on the limited information provided, it may be possible to obtain an annulment.  Lack of consummation and cohabitation should provide a basis for your action.  Your question does not give the timeline which could impact the ability to prove your case.... Read Answer