South Carolina Family Legal Questions

The Department of Social Services not only intervenes when a parent has abused or neglected their child but also in situations where a parent has placed a child threat of harm for abuse or neglect.  If they have concern that a parent knew, or should have known that an environment or individuals have the propensity to cause abuse or neglect of a child, the parent can be subject to DSS actions, findings, removal of children from home, or intervention for delivery of services.... Read More

It sounds like there are two potential grounds to argue that he should have less visitation due to a material change in circumstances.  First, he moved to another state.  Now, at least in Maryland, whether a move to another state constitutes a material change in circumstances depends largely on the extent and frequency of the moving parent's custody rights.  For instance, if he was only granted reasonable visitation from time to time as agreed, then the move would probably not constitute a material change since it does not prevent the visitation schedule from being carried out.  On the other hand, if he was granted extensive visitation (i.e., shared physical custody or every other weekend plus two or three weekdays each week), then the move would almost definitely constitute a material change in circumstances, since it was from South Carolina to New York. More concerning is the fact that he no longer seems to have an interest in his visitation.  Since his absence has been continuous for more than six months, you could probably successfully argue that a material change in circumstances (he no longer has an interest in the child's life) has occurred.  Whether this is worth pursuing again depends on how much visitation he has to lose.  If he has extensive visitation rights, you should move for a modification; if he has the bear minimum visitation already, then it would make no sense to file for a modification. In sum, if he has extensive visitation rights, then you have good reasons to consult with a Child Custody Lawyer.  I am only licensed to practice in Maryland, so you would need to contact a lawyer licensed in your state.... Read More

Davis, divorce by publication is a lengthy and complex process that requires due diligence search for your spouse. Please contact a attorney directly. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

I as a parent would not feel comfortable having my child without supervision with a person that has a criminal history. You as a grandparent can petition the court for visitation and or custody to ensure the well being of the child. 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 More

Are you sure you want to get him to turn his rights over or are you seeking full custody? These are two different things, assuming you know that. If he really doesn't want anything to do with the child than I think your decision is the best option.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Check with your county court family court website to see the specific prices. I would assume a local attorney would probably charging $500 Attorney fees plus additional fees. We normall charge $275 plus government and publication fees. Is there a court order in place and will the child father contest the name change or will be in agreement to change the name? If he does not agree than it will not cost the above price. You can expect about $1,500-$2,000 in expense for name change. Feel free to contact my office for a free consultation.... Read More

Custody cases are not cheap and very time consuming. You have taken the initiative to serve her for visitation which is a good thing. I would love to work with you guys and reuniting you with grand kids but I am all the way in New York. With my travel costs and etc it would just too expensive to retain my firm compared to a local attorney. But I guess it depends on what you want. If you think any lawyer would be able to get you visitation with the grandkids than go with the local attorney that specializes in grandparents rights. If you think it will be a tough battle than hiring the best competent and aggressive family law attorneys would be the best option. Local attorney would probably charge anywhere between $900 - $2,000. Because of our experience and success rate and traveling state to state case by case bases our starting retainer is $3,500... Read More

Assuming there is no custody order in place than 90% have custody of your children. If he is also not registered on Fathers Associations/etc to defend his parental rights, then you are considered to have 100% of custody. A lawyer should be able to evaluate this for you. If he is on child support, he has the right if he wants to see the children, and you both must work together to see the best interest of the child. He can certainly foil all your travel plans if he comes to know that you are about to leave the country with his kids. Which will be like you are taking away his kids from him on purpose. This is what his lawyer will try to prove. You should have an attorney to discuss your travel plans to ensure everything goes smoothly. You can try to petition the court for custody and permission to leave the country with the kids but it will only complex things. Working with a lawyer that can understand what you want to do will help you in the long run. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

An entire body of law exists to determine the State that has jurisdiction to determine a custody action.  You should consult with an attorney in South Carolina and North Carolina to explore jurisdiction issues, and explore which States' law will apply at differing levels/steps in case.... Read More

I am sorry to hear this.  She must reach the age of 18 to make such a decision.  If she has a reason other than simply not wishing to go, you will need to present this to the Family Court.  This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

Name changes can be filed in Family Court in South Carolina.  Background checks are required through SLED, and through SCDSS.  Experienced family court attorneys in your County should be of great assistance navigating this process.  Some administrative judges process name change filings without requiring hearings.  ... Read More

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 More

You will need to hire a lawyer as this is a fault (adultry) divorce.  Once he is served with divorce papers and has a chance to hire his own lawyer to answer your complaint, the court will decide who is to leave based on an equitable settlement; custody of children, if any; alimony and child support, etc.  Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

If he is physically abusive, that is a fault ground for divorce in S.C., but emotional abuse is not.  If you obtain a divorce property, and alimony is divided by equitable distribution.  There is a formula(s) by which he will be required to pay child support depending on custody of the children.  There is no legal separation in S.C., but there is separate maintainance and support.  I suggest you seek the advice of a domestic relations lawyer. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read More

Reach out and consult with a local attorney to discuss your options regarding a paternity and custody action. Your position will be based on your specific set of facts that you will need to go over in detail, but if you are the father and your child is in an abusive and unstable environment you should not wait to act. ... Read More

In answer to you doing this pro se or needing help, it sounds as though you may need help. It seems that you can file a Rule to Show Cause regarding his failure to abide by the current order, and perhaps, a modification based on his interference among other items. Given the scale of your question, you should reach out and consult a local attorney who can advise you as to your position, rights and entitlements based on your particular set of facts. ... Read More

         In order for your husband to have any legal rights to the child, he must do some things in order to protect his rights.  First, he must go to the Responsible Father Registry, and register as the potential father of the child.  This registry is available online, so just search for it, and it does not cost anything to register.  If he fails to register, he will have a much harder time trying to get custody later.             Next, he must realize that in South Carolina, he has no legal right to interfere with the mother in her decision about the child.  This means that if she chooses to have an abortion, he will likely not be successful in stopping her.  He must wait until the child is born to try to assert his rights.  Also, if he fails to register with the Responsible Father Registry, he may lose his ability to challenge an adoption if she wants to let another couple adopt the child.             He must do all he can to show he is the father now.  That means he should help financially with the pregnancy of the mother.  He should try to pay for some of her health care and go to prenatal appointments if she will allow him.  He should buy baby clothes, a car seat, the normal things a parent would get before the baby comes.           Once the baby is born, he should immediately file a family law case to try to get custody of the child.  This may require a DNA test to prove he is the father, and other steps to show the court he is the father and wants to raise the child.             These are some of the steps he should take, and since each case is different it would be difficult from so little facts to tailor this post to all the things he should do to try to get custody.  I hope this helps.             ... Read More

      Since you and your husband were still married at the time you slept together, it is not adultery.  Adultery only happens when you sleep with someone who isn't your spouse.  However, if you were going to use the one year separation as the grounds for the divorce, when you slept with him it did restart the clock and you need to wait for one year from the last time you slept with him to file for divorce.  In any case, it isn't adultery.  ... Read More