Why Father (and Mothers!) Should Establish Paternity

In South Carolina, if a couple is married at the time their child is born, there is a legal presumption that the husband is the father of the child. If a couple is not married at the time of their child’s birth, there is no legal presumption of paternity. A man could be the father of his own child and in the eyes of the law, he has no relation to them whatsoever. The way to get around this is by establishing Read More

How Can I Get My Stimulus Money From My Ex?

At Cate & Brough, we are spending a lot of time currently solving issues related to the latest stimulus checks. The United States government has been sending out stimulus checks since the beginning of the COVID-19 pandemic to help citizens as the country has been affected by the COVID-19 pandemic. The third round of checks for $1,400 each were also the first to come with full checks to all dependent children with Read More

How is Child Abuse Defined in South Carolina?

Many of the attention-grabbing headlines you see that involve children often have to do with internet sex crimes, criminal sexual conduct, or other lurid offenses. Those are serious crimes, no doubt, but so are offenses like cruelty to a child and child abuse or neglect. In addition to facing severe penalties, allegations of child abuse can result in DSS (Department of Social Services) taking your kids from your Read More

Which Court Will You Appear in to Face Your South Carolina Criminal Charges?

The South Carolina criminal justice system can seem complex to even seasoned legal professionals. On top of the various court types, the COVID-19 pandemic has created confusion among prosecutors, defendants, and lawyers alike. The vast majority of crimes are adjudicated in state court; in South Carolina, that means you will likely appear in Municipal, Magistrate, or General Sessions Court. We dive a little deeper Read More

How Does Common Law Marriage Work in South Carolina?

One of the most often discussed but least often understood topics in Family Law is the common law marriage. A common law marriage refers to couples who consider themselves to be married but never actually executed a proper marriage license. The term has its origins going back centuries, to when the cost of traveling to a courthouse prohibited some couples from getting married. Like most other forms of marriage, it Read More

What is the ‘Child’s Best Interest’ Standard, and How Does it Affect Child Custody Cases in South Carolina?

One of the most common ways that divorces become contested is a disagreement between spouses over child custody. The desire to continue to see your child is unlike any other, and most parents naturally want some say in how their child is raised. In other words, parents typically want legal custody as well as physical custody. One of the most important things to know if you have just filed for divorce or are thinking Read More

This isn’t Working. How Do I Get My Marriage Annulled in South Carolina?

We all make mistakes in life. Sadly, sometimes one of those mistakes is getting married to the wrong person. In these situations, you might just want a complete do-over. Divorce can seem like a long and intense process. Instead, you might want a proverbial blank slate, a chance to start again from the beginning as though the marriage never even happened. You might want the promise of an annulment. An annulment is Read More

Being Charged With a Violent Crime Affects More Than Just Your Sentence

It’s a fairly well-known fact that not every crime is equal in the eyes of the law. Someone convicted of misdemeanor shoplifting won’t spend near as much time in jail as someone convicted of murder. Beyond that common knowledge, it’s useful to know the differences between crimes considered to be “violent” and all other crimes in South Carolina.  What Are Violent Crimes? SC Code § 16-1-60 outlines nearly 40 offenses Read More

How Does COVID-19 Affect My Family Law Matters?

It might be an understatement to say that the COVID-19 pandemic has changed how we do a lot of things. For many of us, going to dinner currently means ordering takeout, taking the kids to school means opening a laptop, and “big plans for the weekend” means taking a walk around the block. Suffice it to say, things right now are very different than they used to be. So what does that mean for your family law Read More

3 Main Types of Drug Charges in South Carolina

The vast majority of drug crimes South Carolinians are arrested for fall into one of three counts: simple possession, possession with intent to distribute, and trafficking. A seemingly minor charge, like simple possession of marijuana, can balloon into something much more severe (like trafficking) depending on the presence of one or more elements in your case. We’ll go over these three common drug charges Read More