Child Custody Archives - Vitetta Family Law

May 18

Posted By: Guy Vitetta
Posted In: Child Custody , Child Support , Divorce Law , General Knowledge
Date: May 18, 2022
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Can a sperm donor claim parental rights if the recipient/donee and her spouse divorce?

This question was recently addressed by an unpublished NC Appellate Court opinion filed on May 17, 2022 in McLane v Goodwin-McLane and Peackock. Plaintiff McLane and Goodman-McLane (recipient) were married and Peackock was the sperm donor. All three entered into a written contract where t...

February 02

Posted By: Guy Vitetta
Posted In: Child Custody , Family Law
Tags: Family law
Date: February 2, 2022
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The South Carolina “stepparent adoption” statute provides solutions for single parents.

Most people know that a stepparent can adopt their new spouses children when the facts permit. However the South Carolina adoption statute states that “……… any person may adopt a child to whom he is related by blood or marriage.” Consider the following: A one night stand,...

July 11

Posted By: Guy Vitetta
Posted In: Child Custody
Date: July 11, 2021
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The Guardian ad Litem in a private family court case: A process unique to family law.

One of the most common questions family law attorneys get from new clients is what is this thing called a “guardian” and do they have to have one involved in their case? When a family court case involves custody of a child it is the policy of our courts to keep the child out of...

June 24

Posted By: Guy Vitetta
Posted In: Child Custody , General Knowledge
Date: June 24, 2019
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Regaining Custody After Voluntary Relinquishment

Third parties are not on equal footing with parents in family court custody disputes ...

May 08

Posted By: Guy Vitetta
Posted In: Child Custody , General Knowledge
Date: May 8, 2018
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Appeals Court Re-Affirms Sole Custody Preference In Family Court Contested Cases

A majority of custody cases settle with an agreement to share joint custody of children. Regardless, the court of appeals has re-affirmed their preference that awards of joint custody be granted only in exceptional circumstances in contested cases. When parents have separated and are fighting over c...

March 20

Posted By: Guy Vitetta
Posted In: Child Custody , Child Support , Family Law
Tags: child custody, Child Support, Family Court, Family law
Date: March 20, 2017
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Can a United States citizen be extradited to the United States from a foreign country for failing to pay child support?

When a person fails to pay court ordered child support a hearing is scheduled in the Family Court to determine if this person is in Contempt of Court. Contempt of Court requires a finding that a person has the ability to comply with a court order and has willfully chosen to disobey it. A person [&he...

January 19

Posted By: Guy Vitetta
Posted In: Child Custody , Family Law , General Knowledge , Law Advice
Tags: child custody, termination of parental rights
Date: January 19, 2017
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Can the Family Court terminate the parental rights of an incarcerated inmate?

Andrew Myers was serving a prison sentence in Virginia. Prior to his incarceration his girlfriend became pregnant with their child and she gave birth after he was incarcerated. At some point, Social Services became involved and the child was removed from the mother’s home and placed in foster care...

January 17

Posted By: Guy Vitetta
Posted In: Child Custody , Modification of Alimony
Tags: Marital Settlement Agreement
Date: January 17, 2017
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Can alimony be modified after the divorce is finalized?

Knowing when and under what circumstances an alimony award can be modified is critical to anyone who is about to commit to receiving or paying alimony. Certain kinds of alimony in South Carolina can be modified if there is a substantial and unanticipated change in circumstances affecting the income ...