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South Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: Can I request a DNA test in child court after signing the paternity acknowledgment and birth certificate?

I cheated on my wife, and another woman had a baby she initially claimed was mine. I signed a paternity acknowledgment affidavit and the birth certificate in Augusta, GA. However, she later mentioned another man might be the father, causing doubts for me. The child is 2 months old, and she is now... View More

0 Answers | Asked in Adoption, Child Custody, Child Support, Probate and Family Law for South Carolina on
Q: Can I terminate deceased father's parental rights for adoption?

I have a court order with custody and support details regarding my child's biological father, who is now deceased. The county clerk has filed an order against his estate for payment of arrears. My husband, who has been caring for my child for six years, wants to adopt my child. Are there steps... View More

0 Answers | Asked in Child Support and Family Law for South Carolina on
Q: Can I get increased child support in SC if father has other dependents and got a promotion?

I live in South Carolina, and the father of my child lives in Delaware, but the child support case will be held in South Carolina. The father has three older daughters and currently sends me $300, which is not nearly enough for our daughter, who has started extracurricular activities. Additionally,... View More

0 Answers | Asked in Family Law for South Carolina on
Q: What are my visitation rights as a grandparent in SC after my daughter's death?

What visitation rights do I, as a grandparent, have for my grandchildren whose mother, my daughter, is deceased? The children are currently with my ex-wife, and although there is no court order regarding visitation for me, I face obstacles whenever I request to see my 9, 7, and 1-year-old... View More

0 Answers | Asked in Domestic Violence, Divorce and Family Law for South Carolina on
Q: Considering divorce and seeking safety after violent threats from spouse in South Carolina.

In South Carolina, I was caught having an affair, and my wife showed up with a gun at the park where I was. When I returned home, she shot out my tire. This behavior is new to me, as we've been married for most of my life. Our children are grown and not involved. I have since moved out of the... View More

0 Answers | Asked in Child Custody, Gov & Administrative Law, Employment Law and Family Law for South Carolina on
Q: Can DSS present old criminal cases in court for custody issues?

I was not served until the day of court, where DSS presented my criminal cases and medical records. The court granted temporary custody of my son to my stepfather, and now I can't even take my son out for activities, like going to McDonald's. I want to go out of town to earn money for a... View More

2 Answers | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Family Law for South Carolina on
Q: How to obtain a divorce decree from 1982 in SC?

In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More

Christopher Biering
Christopher Biering
answered on Apr 12, 2025

Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: How can I establish custody and visitation rights for my son?

I am being denied contact and visitation with my 5-year-old son by my ex, who has blocked me on Facebook and cut off all communication. We were not married when our son was born, and I do not currently have legal custody rights. Previously, I was financially supporting her, but since I stopped, she... View More

James L. Arrasmith
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answered on Apr 13, 2025

To establish custody and visitation rights for your son, the first step is to legally recognize your parental rights through a process called legitimization. Since you were not married when your son was born, you will need to file a petition with the family court to establish yourself as the legal... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for South Carolina on
Q: Can I get a restraining order for spouse's unauthorized tracking and control?

I discovered that my estranged spouse placed an AirTag in my car without my consent. We have been separated for a month, though we co-own the car; I make all the payments. He admitted to others that the AirTag has been in my car for that duration. I have an app that detected it and screenshots of... View More

James L. Arrasmith
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answered on Apr 12, 2025

Based on the information you've provided, it’s possible to obtain a restraining order, especially given the unauthorized tracking and history of control and abuse. In many states, including those with domestic violence laws, placing a tracking device on someone's car without consent can... View More

1 Answer | Asked in Family Law for South Carolina on
Q: What is the process to add a middle name to a minor's birth certificate in SC?

I need to add a middle name to my minor child's name on their birth certificate, as it was originally omitted. The process hasn't been initiated yet, but both parents are in agreement about the change. What forms and steps are required to complete this process in South Carolina?

James L. Arrasmith
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answered on Apr 13, 2025

To add a middle name to your minor child's birth certificate in South Carolina, follow these steps:

1. **Prepare a Sworn Statement**: Both parents (or the mother if the father is deceased or disabled) must provide a sworn statement to the South Carolina Department of Health and...
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1 Answer | Asked in Immigration Law, Divorce and Family Law for South Carolina on
Q: Can my husband be deported despite having green card and citizenship through me?

I want to know if my husband can be deported. He has a green card and citizenship through me. We both worked in a store he owns, but recently he kicked me out and is now being nasty. We are currently living separately, and he is not coming to talk or discuss matters for separation. What are my... View More

James L. Arrasmith
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answered on Mar 23, 2025

No, your husband cannot be deported if he has obtained U.S. citizenship. Once someone becomes a U.S. citizen, they have permanent protection from deportation regardless of any marital issues. However, I notice some confusion in your description - a person typically has either a green card OR... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Process for filing uncontested divorce in SC with signed separation agreement.

I am looking to file for an uncontested divorce after being separated for three years. We have a signed separation agreement where both parties agree on all terms: no child support, no alimony, shared healthcare expenses for our child, equal division of holiday time, and rotating weekly custody.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To file for an uncontested divorce in South Carolina, you’ll need to submit several documents to the court. Since you and your spouse have a signed separation agreement, that document should be included in your filing, as it outlines all the agreed-upon terms. You will also need to fill out and... View More

1 Answer | Asked in Family Law, Child Support and Child Custody for South Carolina on
Q: Is my husband legally responsible for child support if we are separated and he isn't the biological father?

I have two children, ages 7 and almost 5, who may not be biologically my husband’s, although he knew this when they were born. He was present at their birth, gave them his last name, and later put his name on their birth certificates before we were married. We have been together for 8 years. We... View More

James L. Arrasmith
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answered on Apr 13, 2025

In South Carolina, because your husband voluntarily acknowledged paternity by putting his name on the children's birth certificates and has acted consistently as their father, he is presumed legally responsible. The fact that he knew there might be uncertainty about biological paternity yet... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: How can my parents obtain sole custody of my nephew in South Carolina?

My parents are seeking sole custody of my nephew. The child's father is in jail, and the mother is only involved in the child's life when her parents allow her to come back home. The mother primarily uses the child to her advantage, without contributing to his well-being, such as... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your parents can begin the process of obtaining sole custody by filing a custody petition in family court in South Carolina. Since there are no current legal custody orders in place, the court will start by looking at what arrangement serves the best interest of the child. They’ll need to show... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Can I prevent non-custodial parent from chaperoning school trip?

I have sole custody of my child and pay for a private school in South Carolina. The non-custodial parent, who receives only progress reports and performance communications, insists on chaperoning a class day trip outside of normal visitation times, which I am not comfortable with. The school... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you have sole custody, you generally hold the legal authority to make decisions regarding your child's educational activities, including who can chaperone school trips. If the school has explicitly told you that this decision is yours, you can legally communicate your preference that the... View More

1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Real Estate Law for South Carolina on
Q: How to address unauthorized use of property by a family member in SC?

My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More

Anthony M. Avery
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answered on Mar 6, 2025

You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.

1 Answer | Asked in Family Law and Military Law for South Carolina on
Q: how do my husband and i change our names even though we live abroad?

my husband and i are dual military and have been stationed over seas for over 4 years. we are having trouble changing our names to show we are married. our marriage certificate only has our separate names not the name we want to be changed to. how do we change our names even though we are living... View More

James L. Arrasmith
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answered on Jan 28, 2025

Changing your names while living overseas can be tricky, but it is possible. Since your marriage certificate only lists your original names, you will likely need to go through a legal name change process rather than just updating documents. Each state has its own requirements, and since you are... View More

1 Answer | Asked in Family Law, Immigration Law and Public Benefits for South Carolina on
Q: Must a legal immigrant count the income of the family he is staying with to qualify for free legal services?

A friend and her young children are staying with me. She has no assets or income but her husband and kids receive Medicaid, food stamps and other government benefits. Must she count my income when applying for free or low cost legal services? If so, can I count her kids as members of our household... View More

James L. Arrasmith
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answered on Jan 8, 2025

Generally, when applying for free legal services, you only need to report your own household's income and assets. Since your friend and her children are temporarily staying with you but are not financially dependent on you or related to you, your income should not be counted as part of her... View More

1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
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answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
James L. Arrasmith
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answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

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