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Family Law
Child Custody Arrangements and Visitation
Child Custody Arrangements and Visitation If a current custody order is in effect a change of circumstance must be shown to alter custody and/or visitation schedule. In some cases an order defining custody or visitation does not exist. Therefore, it is necessary to have the court issue an order as to custody and visitation. In all cases involving children, the best interest of the child/children involved is paramount.
Adoption
Both private and DSS assisted adoptions may require the services of an attorney. This firm provides assistance in both. Private adoptions can occur between non-relatives or relatives such as grandparents and/or step parents. In cases where the child is in the custody of the Department of Social Services, the State of South Carolina may assist in paying attorney fees.
Divorce and Separate Maintenance
South Carolina recognizes the following grounds for divorce; One year separation, adultery, habitual drug and/or drunkenness, physical cruelty. When a ground is not applicable or a period of one year separation has not yet occurred, but issues still need to be addressed, the Court can issue a Separate Support & Maintenance Order. A Separate Support and Maintenance Order can address custody of child(ren), support issues, possession of marital residence, asset/debt division, and other issues, except for the issue of Divorce. When the period of one year has elapsed, a new action requesting a Divorce should be filed.
Child Support and Alimony
South Carolina recognizes that both parents should contribute to the support of minor children.
This State has guidelines to help determine the appropriate amount of child support to be paid
The State has guidelines for determining a fair amount of alimony and/or spousal support
in instances where support is necessary to assist a spouse during a marital dissolution.
Guardian Ad Litem
The Guardian Ad Litem is an individual that is appointed to represent the best interest of a minor child or an adult involved in litigation.
A Guardian ad Litem in Family Court proceedings may represent minor child(ren). The Family Court appoints the Guardian ad Litem when parties do not agree as to the issues of custody and/or visitation. The Guardian ad Litem is charged with completing an independent investigation and reporting to the Family Court. A Guardian ad Litem does not make determinations or decisions as to custody or visitation. All decisions regarding a minor child are made by the Family Court.
A Guardian ad Litem may also be appointed to represent an adult who is incapable of making decisions on their behalf or who is incarcerated and cannot be transported to Court.
Wills and Powers of Attorney
Last Wills and Testaments are valuable instruments to ensure one's wishes as to allocation of property are known in the event of death.
A Power of Attorney is a legal document, filed at the Court House, which allows an individual to make decisions on behalf of another. The scope of a Power of Attorney can be broad to address many circumstances or limited as to a specific event or time. Examples of the circumstances a Power of Attorney may address are financial, real estate or medical decisions.
For more information or to schedule an appointment, please contact us
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