Child Custody Archives - Vitetta Family Law

May 08

Posted By: Guy Vitetta
Posted In: Child Custody , General Knowledge
Date: May 8, 2018
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- 344

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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- 2953

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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- 3178

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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- 709

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 ...

December 11

Posted By: Guy Vitetta
Posted In: Child Custody , Child Support
Tags: child custody, Child Support
Date: December 11, 2016
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- 711

How is Child Support In South Carolina Determined?

When parents of children no longer live together, South Carolina law mandates that both parents shall be financially responsible for raising their children. The amount of each parents financial responsibility is determined by the South Carolina Child Support Guidelines. The South Carolina Child Su...

November 21

Posted By: Guy Vitetta
Posted In: Child Custody , Legal Advice
Tags: child custody
Date: November 21, 2016
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- 617

Can a parent be denied custody and/ or visitation with a newborn if he or she has a substance abuse problem?

Substance abuse issues are one of the most hotly litigated issues in the family court when it comes to custody and visitation of children. A person who tests positive for the use of illegal drugs or non prescribed drugs will not be permitted to be left alone with a child in almost all situations. ...

November 14

Posted By: Guy Vitetta
Posted In: Child Custody , Child Support , General Knowledge
Tags: child custody
Date: November 14, 2016
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- 606

How do I get custody and/ or visitation with 7 year old child when I am not the natural father?

I was asked this question by a young man the other day and I wish I had a simple answer for him. It’s possible, but its difficult, expensive and will take a long time. In theory, any person can get custody of any other minor child, but unless the person seeking custody of a child […]...

November 07

Posted By: Guy Vitetta
Posted In: Child Custody , Legal Advice
Tags: Insurance, joint custody
Date: November 7, 2016
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My boyfriend and his ex share joint custody. Does he need to legally give her a copy of his daughter’s insurance cards?

I was recently asked this question and, once I understood the motivation, was able to offer some advise that I hope helped. It would seem common sense to make sure both parents who are separated or divorced have access to the kids insurance papers. In the wacky world of Family Court, however, this ...