Regaining Custody After Voluntary Relinquishment
Third parties are not on equal footing with parents in family court custody disputes ...
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...
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...
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...
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 ...
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...
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. ...
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 […]...