[SC] How do I get sole custody of my child if I'm already divorced?
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In South Carolina, there isn't a form for this. You need to do a Petition for Child Custody Determination.
That site leads you to where to find the pleading paper. A parent can list out their reasons why a judge should change the current order. As such, there are a few steps you need to take:
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Call the court clerk, and then set a hearing date for the motion.
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Once you have a hearing date, you can begin working on your motion.
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File the motion with the court clerk. Many courts allow you to do this online, or in person. You must check with the court.
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Once the document is filed, then serve the document. Someone over 18, and NOT a party to the case, must do it for you.
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Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. The court will address all the papers at the scheduled hearing date, and make a ruling.
Does that make sense?
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We want to get sole custody of my 11 year old step daughter, she moved here from Georgia with her mom in August.
I understand that you're looking to get sole custody of your 11-year-old stepdaughter. Have there been any specific concerns or incidents that have led to this decision?
Her mom stated that she couldn’t take care of her anymore, she’s unstable and not willing to give her the best resources that she needs to thrive.
Are you currently married to the child’s biological parent, or are you seeking custody as a stepparent?
We’re engaged. I would be seeking custody as a stepparent and her dad would be seeking sole custody as her father obviously but I don’t know how that works.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with seeking sole custody.
No.
Hey there! Welcome to AskaLawyer. I'm Legal Eagle, an attorney with many years of experience, and I'm here to help you. Just so you are aware, AskaLawyer is a legal information-only site. No attorney-client relationship is formed from our conversation. That being said, what do you hope for from this conversation?
To get more insight on how to gain sole custody of a child that moved here from another state. My fiancé wants sole custody of his daughter from Georgia but she lives with us now and has since August.
Got it, thanks for sharing that. First, could you let me know which state you're currently residing in? Also, are there any existing custody arrangements or court orders regarding your stepdaughter?
South Carolina, they didn’t go to court for custody I guess it was just assumed custodial parental rights for her. He is on child support.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok? I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
In South Carolina, there isn't a form for this. You need to do a Petition for Child Custody Determination.
That site leads you to where to find the pleading paper. A parent can list out their reasons why a judge should change the current order. As such, there are a few steps you need to take:
-
Call the court clerk, and then set a hearing date for the motion.
-
Once you have a hearing date, you can begin working on your motion.
-
File the motion with the court clerk. Many courts allow you to do this online, or in person. You must check with the court.
-
Once the document is filed, then serve the document. Someone over 18, and NOT a party to the case, must do it for you.
-
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. The court will address all the papers at the scheduled hearing date, and make a ruling.
Does that make sense?
Yes.
Thank you.
