Archive | Family Law Blog

Who gets to claim the children on taxes? 

February 13, 2018  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

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 […]

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How do I modify Child Custody?

February 12, 2018  |   Posted by :   |   child custody,Family Law Blog,Visitation   |   0 Comments

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 […]

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Joint Physical Custody in South Carolina

January 16, 2018  |   Posted by :   |   child custody,Family Law Blog,Visitation   |   0 Comments

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 […]

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Guardian ad Litem in South Carolina Family Court

January 05, 2018  |   Posted by :   |   child custody,Family Law Blog,Visitation   |   0 Comments

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 […]

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What are my rights as a Mother in South Carolina?

October 06, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

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 […]

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What are my rights as a Father in South Carolina?

October 06, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

What are my rights as Father in South Carolina? As an unmarried Father, you have no legal rights to your child until you are declared as the Father by the Family Court. Until then, the Mother can allow you to see him or her (or not to) at her discretion. However, if you are prevented […]

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South Carolina Family Court Appeals and Post-Trial Motions

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog   |   0 Comments

South Carolina Family Court Appeals and Post-Trial Motions My case is over, but I’m unsatisfied with the result. Do I have options? If you are reading this blog, your case is likely over, but you’re unhappy with the outcome.  The Court has very strict rules that you must follow when challenging a decision. It is […]

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What happens to the house when you get divorced?

August 13, 2017  |   Posted by :   |   Divorce,Family Law Blog   |   0 Comments

What happens to the house when you get divorced? Am I entitled to half of the house?  Yes, as long as the house is marital property. Marital property is defined as all real and personal property acquired during the marriage.  It is irrelevant whose name the home is in because it is still considered marital […]

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Can I ask the other party to pay my attorney’s fees?

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog   |   0 Comments

Can I ask the other party to pay my attorney’s fees? Yes.  The family court uses a two step process when considering requests for attorney’s fees and other related costs.  First, they determine if either side is entitled to an award. Then, they establish an appropriate amount.  The requesting party has the burden of proof to establish both […]

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Adultery in South Carolina

August 13, 2017  |   Posted by :   |   Divorce,Family Law Blog   |   0 Comments

My spouse committed adultery; will he/she have to pay alimony?  How do I prove adultery?  How will adultery affect my case? You do not automatically receive alimony if your spouse commits adultery, but it is a factor in the Court’s determination.  On the other hand, it is important to note that committing adultery is an absolute bar to […]

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