Child Custody Archives - Greenville Family Law

Co-Parenting Tips for When You and Your Ex-Spouse Don’t Get Along

October 8, 2018

When you have gone through a divorce, it can be difficult to manage co-parenting your children. A Greenville divorce attorney may have helped you arrange a custody agreement. However, you may not see eye-to-eye with your ex. You can effectively co-parent when you don’t get along with your ex-spouse if you keep these tips in mind.

Reduce the Hatred

It can be easy to speak badly about your ex-spouse when do not get along anymore. However, this can negatively affect your child. You want your child to love both their parents. This may mean you have to bite your tongue on some occasions. Keep the backtalk to yourself and let your child know that both their parents love them despite getting divorced.

Don’t Have Expectations

When you and your ex don’t get along, you may feel they don’t hold up their end of the bargain. They may fail to meet your expectations or those of your child. They may not show up when they should or spend time with your child like you want. But, you need to remember that your ex-spouse has their own life now. You have to lower your expectations of them and keep in mind that you are no longer married to them. If they disappoint your child, be their shoulder to lean on.

Remember Your Child

When you think and see things through your child’s eyes, it can be easier to understand how they feel. You have to keep in mind that your child was affected by your divorce. They are hurting too. Remember, when you fight with your ex-spouse it can impact the way your child feels. Keep your child and their feelings in mind as you communicate with your spouse. You two can at least agree to disagree and raise your child right.

You Can’t Control Everything

Since you are no longer married to your ex-spouse, you have no control over what they do. You have to let go of the control. You can only control what you can, and it is not your ex-spouse. Understand that your spouse may not do what you want. You have to know that they no longer have to communicate with you as you wish. Lowering your demands and relinquishing control can allow you both to get along better.

Make Your Time Count

When you do not have full custody of your child, it can be heartbreaking to be away from them. Instead of pining for their companionship, make the time that you are together count. Plan fun activities and talk to your child when you have them with you. Make the moments you can spend together special. This will help you to make the most of your time together and make it easier to be apart. You can always look forward to the fun things you have planned the next time you are together.

How Can A Divorce Lawyer in Greenville, SC, Help?

When a divorce occurs, you need a Greenville divorce attorney to help you with your case. A divorce lawyer in Greenville, SC, can fight for custody of your child. They can arrange a custody agreement that works for you. You do not have to live without your children in your life. A divorce lawyer in Greenville, SC, will fight for your legal rights.

Let your divorce be as easy as possible. Hire a Greenville divorce attorney. They work for you and can make your divorce go easier and quicker. Your divorce lawyer in Greenville, SC will represent you in court. They can provide you with the legal guidance you are looking for with your divorce. They will fight for you and help you with your divorce filing.

There is no reason to delay your divorce any longer. A Greenville divorce attorney can move the process along. They will help you understand the laws for divorce in Greenville, SC. You need help filing for divorce. A divorce lawyer in Greenville, SC is ready to assist you today.

Speak to a Greenville Divorce Attorney Today

When you are looking to file for divorce, you need a Greenville divorce attorney that you can count on. You can trust in the divorce lawyers at Greenville Family Law. They will take your case and help you fight for custody of your child. Let the divorce lawyers at Greenville Family Law be your partner in divorce. Contact us today to set up a consultation. We are ready to assist you now.

Grandparents Custody Rights in South Carolina

September 14, 2018

Getting custody of a grandchild is a complex and challenging process in Greenville, SC. You must follow a set of procedures and policies that govern the right of birth parents as well as grandparents. Having a family custody lawyer in Greenville, SC, on your side in a custody case is beneficial during the process.

As a grandparent, you do not have as many rights as a birth parent. You can gain custody, however, if you can show that the birth parents are unfit to care for their children. In some cases, it is easy to get custody of a grandchild. The birth parents may relinquish their rights as parents and allow you to voluntarily gain custody of their children.

In other cases, gaining custody of a grandchild is more difficult. The birth parents may fight for their rights to keep their children. The laws in Greenville, SC, favor birth parents but look out for the welfare of the child.

As a grandparent, you need to prove that a birth parent is no longer capable of caring for their children. This means that the birth parents are lacking in their parenting skills due to issues in their life.

There may be drug or alcohol use that prevents them from being a good parent to their child. They may have financial problems that prevent them from providing for their children. Or, the birth parents may abuse their children.

Gaining custody of a grandchild will allow a grandparent to make medical, financial, and educational decisions for the child. Without custody, a grandparent has no rights and cannot make these important decisions for their grandchildren.

To obtain custody of a grandchild, it is recommended that you speak to a family law attorney in Greenville, SC. They can file the motion on your behalf to seek custody from the birth parents. They also will build a case against the birth parents to show their inability to care for their children.

In some custody cases in Greenville, SC, the grandparents are awarded temporary custody. This allows the grandparents to care for their grandchildren until the birth parents can resume these responsibilities. The court will then determine when the birth parents can have custody of their children once again.

Grandparents also have a right to their grandchildren who are in foster care. Grandparents, with the help of a family custody lawyer in Greenville, SC, can seek custody by petitioning the court. Keep in mind that the Greenville, SC court system always seeks the best interest of the child. In most cases, it is best that the child is placed with family rather than in a foster care environment.

Grandparents also have the right to become de facto custodians of their grandchildren. By proving to the court that they are the primary caregiver and financial provider, they can gain custody. The grandparent must have cared for a child for at least six months if they are under age three. They must have cared for them for at least one year if they are three years old or older. Speaking to a family custody lawyer in Greenville, SC can help you better understand your rights as a grandparent.

The Help You Need from a Family Law Attorney in Greenville, SC

As a grandparent seeking custody of a grandchild, you want to work with a family law attorney in Greenville, SC. There are motions to file, hearings to attend, evidence to present, and a decision by the court to contend with.

Your family custody lawyer in Greenville, SC, can help you with the process of filing for custody of your grandchildren. They will answer all your questions about your custody rights. They will fight to win your case. You can count on your family custody lawyer in Greenville, SC, to help you get custody of your grandchildren.

Contact a Family Custody Lawyer in Greenville, SC, Today

If you are a grandparent seeking custody of a grandchild, you need a family custody lawyer in Greenville, SC. The family law attorneys at Greenville Family Law can help. They will advise you of your legal rights and help you fight for custody of your grandchildren. You can count on the family law attorneys at Greenville Family Law no matter the circumstances. Contact us today to discuss your case with a consultation. We are ready to assist you now.

Can a Criminal History Affect a Child Custody Case in Greenville, SC?

July 15, 2018

A Greenville, SC, child custody case is never easy. Parents fighting for child custody in court face a long and challenging battle. They need excellent knowledge of SC child custody laws and time and energy to follow formalities. They also need to prove their fitness to raise the child. A criminal history can make this process very difficult.

The best way to assess criminal history impact on child custody is to consult a child custody lawyer. The latter will analyze their client’s history from the court’s perspective. They will also propose strategies to minimize the impact of that criminal history.

Assessing Criminal History Impact on Child Custody by Consulting a Greenville Child Custody Lawyer

When consulting a lawyer for child custody in Greenville, SC, parents should always be honest about their case. The fact that a parent has a criminal history does not necessarily determine the outcome of the case. The nature and the time of the deeds on their record matter more.

Their impact on the case will also depend on the life the respective person has led ever since. The parent’s current situation will weigh heavily in court as well. In order to determine their client’s chances, the lawyer will consider several aspects. We will review the most important of them in the following lines.

Aspects Influencing the Impact of Criminal History on a Child Custody Case in Greenville

1. The Nature of the Charges and/or Convictions

A parent charged with domestic violence will have a hard time obtaining child custody rights. Drug-related crimes would have a similarly negative impact. A child custody lawyer may convince the court to neglect an old conviction for minor crimes.

2. The Time that has Passed from the Conviction

Recent convictions are more difficult to overlook. The court will never give custody to someone who continues to break the law. The parent will have higher chances if several years have passed since the crimes in question. Whether they were parents or not at the time will matter as well. With the right child custody lawyer on their side, they may be able to prove their rehabilitation. They could make their criminal past look like a youthful mistake and a learned lesson.

3. How the Criminal Past Influences the Parent’s Financial Situation

A criminal record can make finding a job difficult, if not impossible. A parent with a stable income will have higher chances than one struggling to make a living.

4. The Relationship between the Parents

It helps the case if the parents are willing to cooperate and share custody. A parent with a criminal record accused of being misfit will have a hard time obtaining custody. So will someone accused of adultery and domestic violence. On the other hand, if the other parent were unfit, their odds would improve.

5. The Age of the Child

When it comes to babies and toddlers, the court tends to favor the mother. Older children usually get to express their preference.

6. The Relationship with the Child

A parent involved in the child’s upbringing will have higher chances than an absent one. The better the parent’s relationship with the child, the higher their chances at custody are.

7. The Parent’s Fitness to Raise the Child

In order to obtain custody, a parent has to prove moral, physical, emotional, and financial fitness. The parent should prove they have the time, motivation, and resources to care for the child. The court will compare both parents’ situations and choose the most promising solution.

8. The Skills and Experience of the Child Custody Lawyer

When hiring a lawyer for child custody, parents should consider reputation and experience. These are often the details that make or break a child custody case. An experienced attorney will find ways to prove his or her client’s rehabilitation and commitment to the child. Depending on the specifics of the case, they may be able to show that the other parent is unfit. To win, they will not hesitate to investigate, bring character witnesses, and refer to similar cases.

Hire Robert Clark as Your Lawyer for Child Custody in Greenville, SC!

At Greenville Family Law, Robert Clark has been helping parents win child custody for over a decade. He knows exactly what the court cares about and has his clients and their children’s best interests at heart.

Call (864) 729-3900 now to find out all about your criminal history and child custody case! The sooner you hire Robert Clark as your lawyer for child custody, the higher your chances of winning are!

South Carolina Custody Laws: Can a Child Choose Which Parent to Live With?

June 29, 2018

South Carolina Custody Laws

Dealing with a divorce can be messy especially when there are children involved. You want to do what is best. Some parents let their child decide who to stay with during the divorce. There are South Carolina custody laws that factor into whether a child is able to choose which parent to live with. Your family law attorney will be able to discuss how South Carolina custody laws work. If you need help with issues of child custody, it is important to talk with a child custody lawyer.

The Wishes of the Child

In some cases, the child is going to have a preference about which parent they would like to go with. This could vary based on the relationship they have with each parent, how much time they spent with each parent, and other factors. But just because your child has a preference about which parent they want to live with does not mean that the courts have to follow those wishes based on the South Carolina custody laws.

Instead, the court is going to have several factors that will help them determine how much they will consider the child’s preference. They will take into consideration the child’s age, their maturity, their ability to express this preference, and their experience before letting them make the decision.

If you feel that your child would prefer to live with you and would like this preference heard, it is important to talk with a child custody lawyer in Greenville, SC. They will be able to talk to you about the South Carolina custody laws and can help prepare a case so your child’s preferences are taken into consideration.

When the Child is Younger than 12

In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. Most courts will see the child too young to make the decision. They also may think that the parent is trying to manipulate the child into picking them. Working with your family law attorney can help you learn if you want to look into exceptions.

If the Child is between the Ages of 12 and 14

This is a tricky age because only some courts will allow the child to have a preference. This is where the maturity and experience of the child will come into play. If a child is able to voice their opinions, then they can state which parent they choose to reside with. Your family law attorney will be able to work with you and your child if they are between these ages.

If the Child is Over the Age of 14

When your child is over 14, it is more likely that the courts will allow them to voice their preference. Often at this age, the courts will put a lot of weight behind which preference the child has.

These are general guidelines for laws and when the preference of the child is necessary to take into consideration. Depending on your unique case during the divorce, things may proceed a bit differently. If the child wants to stay with a violent parent, the court is less likely to take the child’s preference.

If you are working with child custody, it is important to talk to your child custody attorney in Greenville, SC. They will be able to walk you through the custody laws and help you get the best outcome.

Contact a Child Custody Lawyer in Greenville, SC

If you are interested in learning more about South Carolina custody laws and need to work with a child custody lawyer in Greenville, SC, make sure to contact us at Greenville Family Law. We can help set you up with a family law attorney to help you with your case. Contact us today to get started.

Custody Lawyer Greenville SC – My Ex is on Drugs, and I Want My Child to Live with Me.

May 29, 2018

The laws in Grenville, South Carolina are pretty strict when it comes to children’s exposure to drugs, including drug use and drug paraphernalia. Drug use by any parent, whether the couple was married or not, is grounds for parental unfitness. If you suspect your ex is under the influence of drugs, it is in the child’s best interest you contact a custody lawyer in Greenville, SC.

Your Ex Claims They Only Use Marijuana Recreationally

Although many parents claim that casual marijuana use is similar to social drinking, the state of South Carolina doesn’t see it the same way. Because marijuana still falls under the definition of a controlled substance, it is prohibited. Currently, even medical marijuana within the state of South Carolina isn’t permitted.

Because marijuana still applies to the definition of a controlled substance, there’s no room for any discretionary acts. If a blood test shows marijuana in a mother’s blood, the state can pursue immediate removal of the newborn from her custody.

Even recreational marijuana use is grounds for immediate changes in custody. However, the difficulty comes with proving that the other parent is on drugs. With the use of a Greenville Family Lawyer, you can seek to recover child custody.

A custody lawyer in Greenville, SC can guide you in finding methods to prove drug use, even if the other adult claims it’s only recreational.

Current Child Custody Standard – Best Interest of the Child

Currently, every custody lawyer in Greenville, South Carolina works with the “best interest of the child” standard. Child custody cases quickly get very sticky and turn into a typical he said; she said scenario. Instead of wading through both party’s complaints on the other parent, child custody cases use this standard to act in the best interest of the child.

When it comes to the fact that your ex is on drugs, it is quite easy for a court to decide that the child isn’t better off in that situation. However, there are still hoops you have to jump through to obtain child custody.

If you want your child to live with you, you need the assistance of a Greenville Family Lawyer. They can help guide you through the rigorous child custody process. Any custody lawyer in Greenville, SC should help you evaluate all of the following aspects of your child custody case:

Length of time the child was under your care.
Past experiences you share with the child.
Both parents desire to reach amicable custody arrangements.
Interaction of the child with you, the other parent, siblings and any household members, such as grandparents.
Child’s ability to adjust to a change in community, school, or new home.
Parent’s respect for the other parent’s bond with the child.
Allegations or evidence of domestic violence or any abuse.
Sex offender registration.

On top of reviewing all of these aspects and working with you to build a claim, you need to track your behavior carefully. Although a custody lawyer in Greenville, SC knows that you intend to prove the other parent is unfit, the tables can turn very quickly.

Obtaining Custody

When you’re fighting for child custody, the court system equally evaluates both parents, even if at the point, you’ve done nothing wrong. However, it’s not uncommon for either parent to record the other during moments of frustration or anger.

With smartphones able to discreetly record conversations or pieces of a conversation that only paint you in a bad light, you may unknowingly have cause damage to your child custody case.

Any child custody lawyer in Greenville, SC will advise you to not only act on your best behavior but to act as if you were constantly in front of a judge. Although it’s unfortunate you have to watch yourself so closely, it is natural that the opposing parent will attempt to build their case after they’re accused of using drugs.

Proving Drug Use

It’s unlikely that the other parent will easily agree to submit to a drug test unless they know they’re clean or believe they can fool the test. However, you can ask the court for a drug test, and offer to submit yourself to testing as well.

Courts regularly submit requests for drug tests upon the request of a custody lawyer in Greenville, SC. A failed drug test is the most condemning bit of evidence you could obtain. However, if a judge believes that a drug test is unnecessary, you can use other forms of evidence to encourage a drug test or prove past drug use.

Police reports, medical reports, and photographs are very useful in a child custody case in Greenville, SC. While you must obtain these photographs or records through legal means, a Greenville Family lawyer can help you navigate the choppy legal waters to obtain the evidence you need.

Greenville Custody Lawyer

In Greenville, South Carolina there are some options for handling a child custody case yourself. But if you need to prove that your ex currently uses drugs and are seeking to obtain custody, you need help. Let one of the Greenville Family lawyers help you through your child custody case in Greenville, SC!