Family Attorney in South Carolina
What is a Family Attorney?
In the United States, family law encompasses many areas from marital and child related disputes to managing family relations. The practice area can include alimony and child support payments, domestic violence, child abuse, marital property, gurdianships, and more. A family attorney has the responsibility of dealing with these issues within your family, to represent clients in court if required, and also to oversee and offer advice on estates, adoption and guardianship.
They may also be called upon to create a prenuptial agreement, which separates some or all of their financial and other assets, which would protect them in case of a future divorce, separation, or civil partnership dissolution.
Mostly this lawyer-type represents clients in divorce, separation and domestic violence cases, but there is much more to the role. Normally each party appoints their own representative to try to create a fair settlement plan, which tries to avoid a trial. The attorney will be especially skilled at negotiating the relevant financial assets, child custody and visitation access, and also have an understanding of child support, adoption, trusts, wills and property, which are under state jurisdiction and local courts.
It is important to remember that because these matters are personal, you would be wise to have on your side someone you can trust, who understands the laws involved, and can give you professional guidance and protection through what could be some tricky situations. So if you live in South Carolina, retaining a lawyer from Charleston would be a wise move.
Family Lawyer FAQs
How do I get primary custody of my children?
In South Carolina it is all based on the best interest of the child. It’s not always easy deciding whether the mother or the father should be the custodial parent, so often there is a group of people involved in trying to figure it out – both the mother and father, their lawyers, a guardian ad litem, a judge, and sometimes a mediator.
The goal is finding a balance that serves the best interest of the children involved. The custodial will have final decision making over things like where the children go to school and medical decisions. The other is often involved and may even enjoy lots of visitation. In some instances, one has custody, but the parents are 50/50 on physical guardianship. Each case has different circumstances and so the appropriate responsibility and visitation will depend on many factors.
What if my ex-husband is not paying child support?
Failing to pay this is intolerable. Every judge in the state of South Carolina will hammer a father who fails in providing this type of support. For this reason, court administrators and lawyers have many tools to encourage delinquent parents to provide for their children. Of course, we understand that those who do not have a job or are incarcerated cannot support. These instances can be tricky, but you have options.
If a parent has agreed, or has been ordered, to finance then the court will enforce it. You simply contact the court in your county and they will have a process. If that does not work or there are nuances requiring individualized attention, then contact a South Carolina family lawyer for help.
Meet Jennifer Shafer, Your Family Attorney in Charleston SC
Jennifer, a graduate of Charleston School of Law and of Arizona State University, joined Henderson & Henderson law firm in January 2021, She remembers:
A Charleston father came to us a few years back wanting visitation with his daughter. The girl was six years old at the time and the mother was constantly blocking his ability to spend time with his child. “I want to be the dad she deserves,” he told me over and again throughout the process. After nearly a year of fighting for our client, we were able to get him regular visitation. In that moment, helping a dad exercise his right to be a father, I learned the practice of law is more than just a job. A family attorney is a calling to help people.