South Carolina Recent Legal Answers from Lawyers

I believe that there is a good case here in light of the fact that there was probably lack of supervision that would constitute the negligence on behalf of the school district. This would be a claim against a governmental, entity and short statutes and time periods must be complied to preserve a claim. Additionally, if the case is successful, and a recovery is obtained, it must be approved by the court, and placed into an annuity for the benefit of your child until he reaches the age of 18 years old. You should retain an attorney on contingency fee, which means you pay nothing unless you win. If you need help finding an attorney in your state, one of us on this platform would be glad to assist you at no charge.... Read Answer

In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually request a full refund of the retainer. A retainer is meant to cover future legal services, so if the lawyer hasn’t started billing time or expenses, they generally must return any unearned portion. Even without a signed contract, it’s best to put your cancellation in writing (email is fine) and politely ask for confirmation that the retainer will be refunded. If the lawyer already opened a file or did preliminary work, they may deduct a small administrative fee, but they should provide an itemized explanation if any money is withheld. If you have trouble getting your refund, you can contact the South Carolina Bar’s Fee Dispute Program, which helps clients resolve issues like this at no cost. It’s understandable to want an attorney closer to you—just make sure you get everything in writing with the next lawyer so expectations about retainers, billing, and refunds are clear from the start.... Read Answer

Hello. It sounds like the QDRO says if she dies, the payment to her ceases and is not revert back to being paid to you instead.  It depends on your pension whether they allow anything other than that.  Some pensions allow a choice and it should state it reverts back to you if she dies - but some do not have that option.  Ask your pension plan if they offer that option - for the payments to revert back to you if she dies before you.  If so, you can have an Amended QDRO drafted and ask the court to enter it and then you can send it to the plan (a certified copy) so you get the payments if she dies.  There is no change to her payments and there is no harm in that change so I would think the court would approve it.... Read Answer

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

The correct filing fee for form I-765 when filing with an I-485 adjustment of status application is $260. This was made clear in the Federal Register implementing the change in fees. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

As Canadian citizens, you are not required to obtain visas to come to the US, nor apply for a visa waiver under the ESTA program. Canadians can basically enter the US by showing their Canadian passports. You must of course tell the truth to Customs and Border Protection if asked about your prior situation. In such case, the question of whether to overlook your prior violations will be up to the immigration inspector, and whether he or she believes that you will only be making a temporary trip for vacation and not work. Good luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Retirement divisions usually require entry and submission to the plan a specialized court order telling the plan how to divide the benefit. It depends on the plan what type of order you need. I can take a look at it to let you know. I can draft the order but because I am licensed in IL, you would need to enter it in court and send it to the plan or retain a SC attorney to do so. Cynthia Petersen - info@petersenlawandqdros.com... Read Answer

As you have been outside the United States for 12 years and the green card only allows you to be outside the US for less than one year, it is highly doubtful that you will be allowed entry is a returning resident. I suggest that you think about other options by which you can immigrate to the US without relying on your prior green card status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Review of wills and tools to distribute assets outside of probate are required to analyze correct estate administration.  In many instances, a will may purport to convey assets that are addressed through tools (trusts, deeds, or direct contractual beneficiary designations).  A full title search and review of filed documents in probate court would be necessary to determine appropriate conveyance of real property after death.... 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