Custody at Issue in a Divorce when DSS already has Custody

Recently, I received this question on the blog: My wife and I have a 15 month old daughter. She was removed from our custody by DSS on April 17, 2010. We signed over for my parents to get full custody of her about two weeks ago. I know we are not getting custody of our…

Your Favorite Posts of October 2010

Here are the most popular posts from October 2010 according to Google Analytics: What Happens if DSS Takes Your Children? How Long Does an Uncontested Divorce Take? Is Your Facebook Page Going to be Used Against You in your Divorce? Do I have to be Separated for Over One Year to Get a Divorce? I’m…

What to Expect from the Guardian ad Litem

South Carolina law requires that a Guardian ad Litem to be appointed in cases where the issues of child custody or child visitation are contested issues.  The Guardian ad Litem is typically an attorney (though it doesn’t have to be) who represents the children in the matter and performs an investigation into both parties and…

My Spouse Won’t Let Me See My Children

Many times after parties separate, one of the parties withholds the children from the other spouse.  Sometimes for good reason.  But, if you are the parent not getting to spend time with your children this can be extremely frustrating.  But what can you do? There is No Court Order in Place If you and your…

DSS Emergency Removal: The 72-Hour Probable Cause Hearing

When children are removed from an emergency basis from their parents/guardians the Court is required to hold a probable cause hearing within 72 hours of removal where DSS has to prove that it had probable cause at the time of removal and that probable cause still exists at the time of the hearing such that…