Managing relationships with divorced parents can be difficult for children of any age. Children may go through phases where they want to spend more time with one parent over the other. This happens just the same with married parents, and can feel compounded when both parents live in separate households. If your child says they don’t want to see you one weekend when you have visitation, it can hurt - but it’s not Read More
How Does Joint Custody Work in South Carolina?
In South Carolina, child custody between divorcing parents is split into two forms: physical custody and legal custody. Physical custody determines which parent the child lives and spends their time with. Legal custody determines which parent makes major life decisions for the child. Physical custody can be awarded jointly, meaning both parents have frequent time with their children. It does not necessarily mean Read More
Property Crimes and Enhanced Charges in South Carolina
The definition of a property crime in South Carolina is fairly straightforward. Referred to by state law as “crimes against property,” these offenses involve the theft or destruction of someone else’s property. Many property crimes are prosecuted in accordance with the dollar value of the stolen or destroyed property. In other words, the greater the monetary value of the property, the more severe the penalties will Read More
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 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
