South Carolina Child Custody Legal Questions

Although I'm a Maryland child custody attorney, I know that in South Carolina, there is no specific age at which a child can independently decide to stop visiting a non-custodial parent (NCP). However, courts may consider a 12-year-old's preferences, especially if the child expresses safety concerns or emotional distress, as part of their evaluation of the child's best interests. You should definitely consult with a local attorney in your jurisdiction.... Read Answer

Prior to initiating any action for custody or visitation an analysis of jurisdiction and venue is required.  The question presented suggests that the mother and father now live in different states.  I will propose a few scenarios: Scenario 1:  Father resides in South Carolina, mother resided in South Carolina when the child was born and continued to reside in South Carolina until the child was 8 months old.  Because the child has not resided in North Carolina for a 6 month period, South Carolina should have jurisdiction to determine custody and visitation unless the mother or child were victims of domestic violence. Scenario 2: Father resides in South Carolina.  Mother and child have never lived in South Carolina.  The mother and child's home state would have jurisdiction to determine custody and visitation. These are a sampling of possibilities.  To provide a course of action in any family court matter the first step is a detailed consultation with an attorney experienced in family court litigation.  ... Read Answer

To accomplish the transfer of custody a "friendly" custody action can be filed outing the parties' agreement.  Court approval will be required.  Filing a custody action will likely require the services of an experienced family court attorney.  Consider consulting with an attorney in your area to discuss how this process can be facilitated and expedited.  You will need to place the child's father on notice of the action, obtain his consent, or seek the court to grant custody despite the father's objection or lack of participation after notice... Read Answer

A parent can turn over their rights, to child custody however they can not terminate their rights as a father. No judge will allow someone to relinquish their rights to avoid child support. However, if there are issues such as domestic violence, unfit or improper parent, negligence and abuse, or even abandonment, you can retain Full Custody of the child, both legal and physical. You will have to forego Child Support. There is a slight chance that you may even be able to completely turn off his rights, if you can get someone else to adopt the child as a father and he agrees to do so.  If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Hey Rosa, when a child is in danger of physical, emotional or mental health and wellbeing, you as a concerned citizen. or aunt do have a right to request the court for the custody of the child or children. You will need to present proof as to what the kids are in danger of such as the concerns you stated and how you can offer them a better advantage compared to the other party. Budget wise to keep in mind is a child custody lawyer charges anywhere from $3,500 to $5,500 However, if you can not afford an attorney you can reach out to the family court clerks office for more information and to see if the court can appoint you a free attorney such as a pro bono. If that is also not an option you can feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

Do you have a custody order in place if not you need to contact an attorney right away and get the court involved right away? The longer you take the less likely you will have the opportunity to win. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

Tawana, you can certainly petition the court for visitation. The sooner you do it the better. You do not need to have an attorney if you are comfortable in representing yourself. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

It all depends on who is representing who and can demonstrate the best interest of the child. Custody Cases are not cheap and if you get the right lawyer the first time, you shouldn't be needing to going back and forth in court. The paternity father will be able to establish paternity and get joint legal custody with visitation. And or if he is really competent and or has a good lawyer, the judge will grant him 50/50 deal. Where you and him both will share custody of the child and parenting time. If you want to limit his chances or the time he spends with the child, you should hire a competent and aggressive family law attorney that will fight tooth and nail for you in court. We travel all the time for family law cases, normally complex cases. What part of SC are you from, and I hope everything works out in your favor. We can certainly assist you if you like. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in SC.... Read Answer

Father's of children born out of wedlock need a Family Court Order to determine paternity and define their rights relating to their child/children.   §63-17-20(b), S.C. Code of Laws provides: (B) Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity. Proceedings to establish paternity, and define visitation or custody can be handled rather quickly.  In my experience, many parties have no factual dispute about paternity, but use the lack of court order defining paternity as a shield for the father's rights. Emergency proceedings are available in Family Court to address immediate issues.  Judges have the discretion to grant hearings on short notice.  Medical issues and procedures could be presented as a basis for emergency relief. Christopher P. Biering bieringlaw.com... Read Answer

Custody modification requires a clear assessment of the circumstances existing at time of entry of the original order.  Consider obtaining a copy of the court file, your previous case file, and the existing court order before consulting with an attorney for filing a modification action.  These items will be necessary for a clear review to determine ability to file a viable custody modification action.... 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

You need to file for divorce, if you want custody of your children.  As you have no money, perhaps legal aid will assist you or you may need to represent yourself pro se  The Court will decide what is in the best interest of the child.  This answer does not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq.  attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

You would need to take this case back to Family Court, preferable with a family law attorney representing you.  S.C. Family Courts make and change custody decisions based on what is in the best interest of the child.  You are not specific as to whether these children are both step-children or adopted by you or are your own children, as this does make a difference.  For example, if your allegations of child abuse is proven to be true, and the two year old is yours, you may be granted custody; but if the two year old is a step child and the allegations you are making are proven true, the court might simply order that the abusive boy friend be removed from the home.   Good luck to you, Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I would advise that you get your own lawyer to protect your legal rights regarding custody.  The court will determine custody based on the bests interest of your child.  Do not allow your husband to use the child as a bargaining chip. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read Answer

Given that they have joint custody, she likely has access to their child's medical records. That being said, if she has a provision in the agreement restricting her with respect to medical appointments, she might be restricted with information as well. She should not have any access to yours or your husband's information. It would likely violate HIPPA. If this is a major concern of yours, your best bet is to consult and perhaps retain an attorney to address this. ... Read Answer

There is case law in SC that does not hold in high regard a six year old's desire to choose where they live but that a sixteen year old's will be considered. It is, however, one factor among many. If her mother will not listen, and your daughter truly does want to move for adequate reasons you may wish to consult with an attorney to modify your original order. ... Read Answer