Child Custody

Separation and divorce can be extremely difficult for all parties involved.  The emotions, changes to your physical environment, and especially the expenses can be hard to cope with.  And while many cases of divorce are simple and free of high…

There are three types of child custody in South Carolina: Sole, Joint, and Divided.  The courts tend to favor one over the others.  This blog will explain the types and what you should expect when seeking custody in South Carolina.…

I want sole custody! But I’m not sure if I will get it.  This blog will tell you how judges determine which kind of child custody is most appropriate in South Carolina. Factors Considered by the Court The best interest…

When it comes to modifying your child custody order, there are a few things you will want to know.  This includes what you will need to show the judge to receive the modification. One thing you should know from the…

Parental kidnapping happens when one parent takes their child without the consent of the other parent. There are two main ways this happens: One parent violates a custody agreement and takes off with the child There is no custody agreement…

Custody cases involving special needs children can present unique issues. The special needs child may require special care that could impact how the parents conduct child custody and child support negotiations. Both physical custody and legal custody can be more…

The terms “custody” and “visitation” or sometimes used interchangeably, but they actually have different meanings. Custody is a broader term and can refer to either legal or physical custody, while visitation refers to time actually spent with the child. Legal…

In a child custody case, the judge makes a decision based upon what he or she finds to be in “the best interest” of the minor child.  In making that determination, the court will consider any relevant evidence, including positive…

Emergency custody orders are only given in North Carolina when a child is in danger of immediate harm. These decisions take away one parent’s rights to child custody without giving that parent notice or the opportunity to participate in the…

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

South Carolina Family Court is not like court you see on television.  In fact, in some key aspects, it’s not even like other real courts in South Carolina.   Of course, any court in South Carolina will have a judge present…

Parents have rights and responsibilities regarding their children in South Carolina. They must provide financial support, but they also have the right to seek visitation or custody.  However, if a parent abandons their child, they have failed to meet their…

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

When a child’s parents have never been married, there can be unique custody issues. The main legal issue is determining paternity. Until a father has established paternity, he won’t be able to seek custody. Married parents have equal rights to…

If you are faced with a situation where the other parent to your children is not following a custody order that has been entered by the Court, there is a way to bring the action back to court to help…

Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship…