In any custody determination, the Court looks at several factors to decide which parent should be awarded custody of the child. These factors can include:
1) whether one parent is unfit to serve as a custodian;
2) if one parent has served as the child’s primary caregiver;
3) if one parent has engaged in some sort of misconduct that would render him or her less suited to serve as a custodian;
4) if one parent is more suited to serve as custodian as a result of personal attributes or accomplishments, greate [Read more…]
Charleston Lawyers | Conflict and Mediation, the Sanford Case Study
Mark Sanford’s Continuing Soap Opera, and How Mediation Can Help:
Mark Sanford has deluged all of us with the details of his personal life, and with his perception of those details. Most recently, Mr. Sanford took to Facebook and the newspapers to “update his constituents” on his personal life, and to announce he would finally retain the service [Read more…]
Charleston Family Lawyer | Top Questions Our Clients Ask
As a Charleston family lawyer, I often get asked many of the same questions by my clients, especially early on in my representation. Here are some of those questions, with the answers, that may help you start to sort through your family law matter in its early stages:
1. “When can I date?”
Perhaps not surprisingly, this is the most commonly asked question, week after week, year after year. Simply put, having a physical relationship [Read more…]
Charleston Family Court Lawyer | Proving Physical Cruelty
South Carolina can be a dangerous place for a married or cohabiting woman. This state has a particularly rotten and well-deserved reputation for being a den of domestic violence. Every year, it seems South Carolina ranks #1 in the country for men killing women. As a Charleston Family Court lawyer, and one who keenly feels the need to help put a stop to this cycle of violence, I regularly me [Read more…]
Charleston Family Court Lawyer | Can I Be Reimbursed for my Attorney’s Fees?
Let’s be frank: most people’s idea of a good time is not spending thousands of dollars on a Charleston Family Court lawyer. Most people, when spending thousands of dollars on anything, want it to be on something tangible, or something fun, like a new car, a vacation, a child’s college tuition. Spending money on a Charleston Family Court lawyer can be made even less pleasant when you’re being led down the path of divorce by what you perceive to be your spouse’s unilateral wrongdoing, and can be complicated by the drastic financial impact already being wrought [Read more…]
Charleston Divorce Lawyer | Selling Your House During Divorce
I recently made a social media connection with a gentleman by the name of Bill Gassett, a real estate agent in Massachusetts who has done some wonderful blog work on issues pertaining to divorce and real estate. One article he wrote struck me as something that could be particularly helpful to my clients and potential clients, on the issue of selling your house [Read more…]
Charleston Family Court Lawyers: Can I Date During Divorce?
Hands down, no contest, the most frequently asked question of Charleston Family Court lawyers at initial consultation is “when can I date”?
Sometimes, the question is posed more subtly, such as inquiring about going out socially in groups or wanting to know more about language which can be added into Separation Agreements allowing either spouse to live as if unmarried. Most often, however, the question is plainly put, and usually comes up at the very end of a consultation.
Since it is, obviously, a sensitive and important issue, let’s review it here.
If yo [Read more…]
Divorce Lawyers in Charleston SC: Should I Leave the House?
One of the most common questions asked of divorce lawyers in Charleston SC is “should I leave the house?” The decision as to who stays and who goes from the marital home can be complicated by a number of different factors:
Is personal safety an issue?
A marriage under stress resulting from physical abuse, drug or alcohol abuse, or abusive and demeaning behavior calls for personal safety to be the first consideration. If you find yourself in a living situation wher [Read more…]
Proving Adultery | Charleston Divorce Lawyers
It should come as no surprise to readers of this blog that adultery is a pretty steady driver of clientele into our offices. It’s unfortunate that infidelity seems to be such a pervasive character flaw in the human species, but as they say, it is what it is. Divorce lawyers simply cannot provide the victims of adultery with the emotional support they so often desperately need; it is nature of a divorce lawyer to review the circumstances of an adultery case dispassionately and with a sympathet [Read more…]