General Knowledge Archives - Vitetta Family Law

May 08

Posted By: Guy Vitetta
Posted In: Child Custody , General Knowledge
Date: May 8, 2018
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- 47

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...

April 16

Posted By: Guy Vitetta
Posted In: General Knowledge
Tags: Adoption, Family law
Date: April 16, 2018
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Can parents withdraw their consent to the adoption of their birth child?

When a person signs their consent to place a child up for adoption, as long as their consent was done properly, it will be very difficult to take back. This past January the South Carolina Supreme Court reversed the adoption of a child due to problems with the biological parent’s attempts to...

November 12

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice
Date: November 12, 2017
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- 191

Is Collaborative Family Law right for you?

Collaborative Law can be a useful, efficient and inexpensive method to resolve a family law case. While Collaborative Law has many benefits, it is prone to abuse and parties are cautioned to engage in this process only upon careful consideration of all options. Collaborative Law is best used in fa...

March 10

Posted By: Guy Vitetta
Posted In: Divorce Law , Family Law , General Knowledge
Date: March 10, 2017
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- 387

Keeping a clear head is critical when working with your Charleston Family Law lawyer

The practice of law in the United States has become extremely contentious and the court system is suffering with a huge backlog of cases. Every dispute between people becomes a war, every war must be won at all costs, lawyers are increasingly stressed and unhappy, incivility between lawyers is at ...

February 21

Posted By: Guy Vitetta
Posted In: General Knowledge
Tags: family law lawyer
Date: February 21, 2017
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- 303

Family Law Agreements: Effective Drafting Requires Experience and Precision By A Family Law Lawyer

A Marital Settlement Agreement (MSA) can be a useful tool or a serious problem for one or both parties upon being finalized by the Court in a Final Order. The Family Law Lawyer must take great care in the drafting. Many people are surprised by the length and detail of a well-drafted MSA. Another f...

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...

December 29

Posted By: Guy Vitetta
Posted In: Collaborative Law , Divorce Law , Family Law , General Knowledge , Litigation
Tags: Collaborative Law, divorce, family court litigation, family law attorney, litigation
Date: December 29, 2016
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- 357

How to begin a divorce or separation?

“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.” Sandra Day O’Connor If you have made the difficult decision to...

November 27

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge
Tags: Asset Division
Date: November 27, 2016
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Equitable Division of Property In South Carolina Divorce

The key to understanding equitable division in a South Carolina Divorce matter is the word “equitable”. Equitable means “dealing fairly and equally with all concerned”. The factors in section 20-3-620 of the South Carolina Code require a court to look at the entire nature of ...