Blog

FAMILY COURT PROCEEDINGS IN SOUTH CAROLINA DURING THE CORONAVIRUS Our office has received numerous questions regarding family court proceedings in South Carolina during the coronavirus (COVID-19).  This includes current clients who may want an update on their case, and potential clients who wonder if its a good time to file a case. In this blog, […]

CHILD CUSTODY AND VISITATION DURING THE CORONAVIRUS IN SOUTH CAROLINA Our office has received numerous questions regarding the implications of the coronavirus (COVID-19) on child custody and visitation orders.  Thus far I have essentially refrained from giving legal advice for two primary reasons.  First, I did not wish to advise someone to violate a Court […]

Bond Hearings in South Carolina Denied bond at arrest by the Magistrate? Can’t afford to pay the bond amount ordered? You may want to consider filing for a bond review in Circuit Court. In this blog, I break down the process and factors for bond hearings in South Carolina. Denied bond at arrest by the […]

Cocaine Base and Methamphetamine in SC – Penalties This is a breakdown of the penalties for cocaine base and methamphetamine in SC.  Included are the penalties for possession, distribution, possession with intent to distribute, manufacturing, and trafficking cocaine and methamphetamine. The full text of the South Carolina Code Section that contain this information is:  SECTION 44-53-375. […]

Who gets to claim the children on taxes?  Parents in child custody cases often have a desire to claim the tax dependency of their children.  The benefit of claiming a child is well known as it stands to increase your tax refund or decrease tax owed; however, my office gets many calls regarding the rules […]

How do I modify Child Custody? Modification of Custody & Child Support Agreements A final order on child custody can be modified with proof of a substantial and material change in circumstances. What determines if a change is substantial and material? A substantial and material change is one that has a significant impact on the […]

Does the Court favor the mother over the father in child custody cases? No. In the past, the Courts employed a legal presumption referred to as the “Tender Year’s Doctrine.”  This Doctrine essentially states that it’s best to leave a child in his mother’s care during the early years of life.  However, this was repealed, […]

Joint Physical Custody in South Carolina   Many parents are interested in dividing the responsibility and time equally with a child.  This is often referred to as shared custody, shared placement or joint physical custody.  In a shared custody arrangement, the child spends an equal amount of time at each parent’s home. How likely am I […]

The Guardian ad Litem in South Carolina Family Court What is a Guardian ad Litem? In the Family Court of South Carolina, a Guardian ad Litem (often referred to simply as the “Guardian”) is someone appointed by a Judge to represent the interests of minor children in contested child custody and visitation cases.  The Guardian ad litem essentially […]

What are my rights as a Mother in South Carolina? As an unmarried Mother, you have total rights to your child, and you can allow the child’s Father or relatives to see him or her (or not to) at your discretion.  However, if you prevent the Father from having contact with the child without a […]