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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 […]

Division of Retirement Accounts in SC Divorces A party may be entitled to a portion of their spouse’s retirement account(s) in an equitable division of property from a divorce. In this blog, I have provided a few pieces information that I have found most relevant in regards to this issue. How are rights to a […]

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 […]

Alimony Factors in South Carolina Per South Carolina Code Section 20-3-130 (C), the Court will consider the following factors when making an award of Spousal Support or Alimony: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or […]

Reconciliation During a Divorce in SC At times people decide to attempt a reconciliation during a divorce proceeding.  Overall, it is the legislature’s intent to encourage attempts at reconciliation, but it is important to be mindful of the implications. Per South Carolina Code Section 20-3-90, the Court cannot issue a Final Decree of Divorce if […]

Below, find listed the factors a Judge considers when determining child custody.  There are numerous factors based upon the Best Interests of the Child, which is governed by SC Code 63-15-240 (B). This list includes the following: (1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents […]