Blog

How is child custody really determined? On my primary custody page as well as my Blog, we discuss the statutory factors a Judge considers when determining the best interests of the child in child custody cases.   The seventeen (17) factors are listed in SC Code 63-15-240 (B). Is one custody factor more important than others? […]

Step-Parent Adoptions Greenville South Carolina In South Carolina, the Adoption Statute can be complex but there is some simplicity when you have a Step-Parent who wants to adopt a Step-Child.  We call these Step-Parent Adoptions and I summarize the process below: Consent of the Blood-Parent – The most important step in this process is to […]

Uncontested Divorce Greenville SC An uncontested divorce is one where the parties do not fight in Court and simply need to be divorced legally. In this blog I will list the three (3) main scenarios when I deal with an uncontested divorce and then what it means for hiring an attorney. 1. Scenario One – […]

Child Support Frequently Asked Questions – by Child Custody Attorney Brian P. Johnson, Esq. 1. How is child support determined? To determine how much child support you may have to pay or be entitled to receive, first you must figure out if the visiting/secondary parent (if any) has more than 109 overnights with the child/children. […]

Grandparent Rights in South Carolina While the law gives great deference to parents of children, grandparents (and others) can get visitation and custody rights to children in certain situations.  I will breakdown the most common below: De Facto Custodian (SC Code 63-15-60) – A De Facto Custodian is someone who is shown to have been […]

SC Family Court Mediation What is Mediation? Family Court mediation is best described as a negotiation where the parties attempt to resolve the contested issues in their case.   Most mediations have the parties go into separate rooms while the mediator (see below) goes back and forth as the negotiation progresses. Mediation is also known to […]

Greenville, SC – Family Court – Financial Declarations Did you know that your appearance in Family Court in Greenville, SC or statewide will likely require the submission of a Financial Declaration? Rule 20 of the South Carolina Rules of Family Court requires a submission of a Financial Declaration whenever “the financial condition of a party is […]

Family Court, SC Timeline of Proceedings This is a rundown of a typical Family Court life span, along with the typical issues breaking the chain. It is especially helpful for those who wish to do a little homework before consulting with an attorney. Note, that this information should not be construed as advice, but merely […]

Emergency and Expedited Hearings in Family Court SC Accelerated Timetable Emergency and Expedited Hearings are essentially Temporary Hearings heard on a faster timetable (click here for info on Temporary Hearings).  Temporary Hearings are generally heard within four (4) weeks of filing; while Expedited Hearings are generally heard within ten (10) days of filing and Emergency […]

What is a Temporary Hearing in Family Court? Family Court Temporary Hearings, which are governed by Rule 21 of the South Carolina Rules of Family Court, are used to get provisional rulings on the issues during a pending Family Court case. They typically take place just a few weeks after an action in Family Court […]