South Carolina Child Custody Legal Questions

If your daughters have lived in AL for more than six months, then that is their home state. Another element of jurisdiction is where the custody order originated from. Yet another is emergency jurisdiction. It seems as though your questions would be best answered in a consultation where an attorney can help you determine your position. Your best bet is to reach out and call local a local attorney. ... Read Answer

I do not know what the custody order is, but if he is not following the current order he is in contempt of court and you need to file an action for a Rule to Show Cause.  If he is found to be "intentionally and willfully" violating a court order then he can receive  up to one year jail sentence,  fined, or ordered to do community service.  Moreover, if he is found to be in contempt there is a great chance he will be ordered to reimburse some or all of your attorney fees. If you are wanting to change the prior order then you need to file for a modification of custody and the court  must find that it is based on a substantial change of circumstance for a modification to be granted.... Read Answer

If the child has been living with you for two years, by all means, file a Complaint, Summons, and a motion for a temporary hearing and ask for custody and child support.  Once you have custody then she can get mad all she wants and it will not matter.  Your child is living in a structured and stable environment and I am assuming happy, safe, and healthy. If you do not have custody then mom can pick her up and take her whenever she likes.  That is not in the child's best interest.  Mom does not seem to have the child's best interest in mind and does not seem to be able to provide a good environment for her.  ... Read Answer

In order to modify custody you must have a substantial change of circumstances.  Since the girls are older and this arrangement is no longer acceptable for them you should file a Complaint, Summons, and a Motion for a Temporary hearing.  The Complaint should ask for a modification of custody and also ask for child support.  At the temporary hearing you must submit at least one affidavit and a financial declaration.  The judge will decide on a temporary basis either to change the custody or appoint a GAL to look into what is in the girls best interest.  Or the judge may decide to grant custody to you and appoint a GAL.  Once the temporary hearing is over the order is good for a year. Meanwhile, you have to attend mediation if you are in a mandatory mediation county or you could both agree on a solution.  If there is a agreement then you set up a 15 minute hearing to put the agreement on the record and close the case.  If there is no agreement then a trial will need to be scheduled.... Read Answer

You need to file where the child lives.  If the child is currently living in SC and the order was in Tennessee then you could file in SC for a transfer of jurisdiction along with a custody action. However, if the child still lives in Tennessee then you need to find a lawyer licensed to practice in that state.... Read Answer

You should keep them if you have already filed for an emergency hearing.  Otherwise, you are putting the children right back into a bad situation which could be dangerous.  If she calls the police show them the summons, complaint and motion for an emergency hearing so that they will know there is pending litigation.  ... Read Answer

I need more facts please.  When your wife divorced you did you get visitation?  And if so why have you visited?  Who is this woman?  Is she a family member?  Where is your ex-wife?    Is there a reason your wife hid from you?  Was there any physical abuse or substance abuse going in with you?  Do you have a criminal record? Let me summarize what I understand...Your wife (at the time) took off with your children and hid from you. Thereafter, your wife divorced you (did you contact you regarding the divorce) and she eventually left the children with some woman and she has been there for four years. Your son died while in her care.  Did you know that he passed?  Did you go to the funeral?   Moreover, she does not have any custody rights, but will not let you see your own daughter.    ... Read Answer

Firstly it is difficult to terminate someone's parental rights.  There are ways to do it, but none are as easy as it may seem.    It is possible to terminate rights based on his past albeit unless he proves himself otherwise.   Parental rights can be terminated if the parent fails to visit the child for a 6 month period or fails to pay child support for a 6 month period.  I would advise setting up child support so that you will have evidence that he has not paid in the event you decide that it is in the children's best interest to terminate his rights.  Generally, the court does not like to do this, but for good cause since the children will then be legally without a father.   Secondly, it is easier to terminate parental rights if there is a step-parent that is willing to adopt the children.  Simply for the reason that the children will not be left fatherless, but has someone to step into the parental role.  Again, this is all contingent on the circumstances that I mentioned above.  ... Read Answer

If you have straightened up your life you should try for custody.  The ultimate question is "what is in the child's best interest."  If the parent/s are able to provide a good home for their child that is generally in the child's best interest.  Another good factor is that you have another child and she is doing well which shows that you are fit and proper.   It would be wonderful to raise your children together which would be another factor.  If you get custody back your mother will be entitled to visitation based on her being a "psychological parent." ... Read Answer

I would suggest that you have your lawyer or yourself contact the family court judge who gave the order and explain what is going on to the judge or his representative to avoid this type of trouble.  This has nothing to do with child support. This answer in no way creates a lawyer/client relationship.  I am a S.C. attorney and board certified internist.  I am sorry you are having this trouble. Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

This answer in no way creates a lawyer/client relationship.  This will depend on the maturity level of the child in the eyes of the Family Court Judge.  Certainly by 18 years old, the child is capable of making this type of decision, but it remains the Judges decision before this time, as to how mature the child is. Michael G. Sribnick, M.D., J.D. Attorney at Law Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

This answer does not create a lawyer/client relationship as I do not solicit clients.  I am a S.C. board certified internist and attorney.  Unless the parents have given up their legal rights or the family court has orderder termination of parental rights, you have no standing (grounds) to fight them, dear lady.  Go to social services if you have questions about the capacity or the ability of these parents to take care of this child.  You may lose custody, but you will have gone through the porper chanels, and then you can apply through your attorney for custody.  This is my belief, but you should go to your attorney for his or her advise before doing anything. Michael G. Sribnick, M.D., J.D. Attorney at Law Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

Currently you have no custody orders established. While the "letter" could be deemed an enforceable agreement, the father would have to first file a petition to establish custody and attempt to enforce the agreement. At that point, you could outline the reasons for why you may be reluctant to permit your daughter around him (or why she is refusing to go). I would suggest talking to a lawyer for more information.... Read Answer