What if your spouse lives in another state and you need to file for divorce – do you have to file in the state where your spouse lives or can you file your divorce action in South Carolina? If you do not meet the residency requirements for a SC divorce or if you file...
Child Custody
When do You Need a Divorce Lawyer in SC?
When do you need a divorce lawyer in SC? Your divorce lawyer can help you to get a divorce from your spouse, whether it is contested or uncontested, and part of that process includes protecting your rights – for example, alimony, child support, child custody,...
Child Custody and Relocation: Can You Move with Your Children if You Have Custody?
Can you move with your children if you have custody? Do you need the court’s permission? Do you need the noncustodial parent’s permission? The answer depends on where you plan on moving – if you plan on moving with your children but you will remain in SC, the...
How Does a Court Determine the Best Interest of a Child?
The best interest of the child is the court’s primary consideration when deciding child custody disputes, but how does the court decide a child’s best interest?
Singh v. Singh: No Binding Arbitration in Matters Involving Children
Singh v. Singh: The SC Supreme Court held that parties cannot avoid judicial review of issues involving children by submitting their issues to binding arbitration. Property and alimony issues can be decided in arbitration, but never issues involving children.
What is the “Standard” SC Child Visitation Schedule?
What is the standard visitation schedule in SC? The family court may approve increased visitation when the noncustodial parent can show that they have been involved in child’s day-to-day life and it is in the child’s best interests.
What are the Types of Child Custody in SC?
The types of child custody in SC include sole legal custody, joint legal custody, sole physical custody with visitation rights, joint or shared physical custody, and variations of sole or joint legal and physical custody.
What are Emergency Hearings in Family Court?
Emergency hearings allow you to bypass the ordinary court docket when there is an immediate danger of irreparable harm. Expedited hearings are for procedural matters that must be heard before a court date that has already been scheduled. Temporary hearings allow you to resolve issues that cannot wait for a final divorce hearing.
Is It Okay to Date Other People While Separated in SC?
Can you date other people while separated in SC? If you date before a settlement agreement is signed, it can affect alimony and division of property. Even if you date after an agreement is signed, it can affect the court’s child custody decisions.
How Does the COVID-19 Shutdown Affect My Family Court Case?
How does the COVID-19 shutdown affect my family court case?All terms of court in the family court have been canceled until at least May 1, 2020, and it is possible that the shutdown could be extended. When the courts reopen, will there be a flood of rules to show...
