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Yes, the court system in
Submitted by DakotaLegal on
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Yes, the court system in
Submitted by DakotaLegal on
Yes, the court system in South Carolina actually has a procedure to try and make sure these kinds of possibly more positive outcomes (divorcing couples who will co-operate in parenting) don’t boomerang. Specifically, since lawyers may not be involved at the start, courts want to see if both sides know exactly what they are getting. Check out a list of what the filing costs are, if you want to formally pursue separate “maintenance and support” form your husband while you live apart: http://www.judicial.state.sc.us/clerks Court /fcFileFee.cfm. If you can’t afford these fees, ask the court clerk about an affidavit for waiving the filing costs.
From your question, I hope you are also looking at several other issues involved in living apart, including a formal separation, and any property division (you can go to court and file the separate maintenance action). There are five grounds for divorce in South Carolina, and here’s a guide to understanding how these affect custody and support: http://www.scbar.org/public/files/docs /divorce.pdf.
There’s often a risk when one partner has a new relationship, owing to the possibility it may create a new competing family. The big complication to not having any legal help, however, is (a) that your child’s welfare is involved and (b) you think your husband “won’t fight” your getting full custody. I’ve seen it happen many times that this was just a way to lull one “side” into doing nothing, or (even more often) the other side just changed their mind about custody: written agreement or not. These are concerns in this case based on your saying you could “really mess him up.” He may very well be trying to just keep things settled down, as he gets into a better legal position. Another common reason people’s best intentions fall apart is when child support comes up. Here’s how you may ask for child support enforcement if your more co-operative plan doesn’t work out http://www.state.sc .us/dss/forms/files/27103.pdf.
So you’re smart to try and get something in writing. But I think you should get it done through the maintenance action. Here is a good source for what a court will probably eventually accept as a model parenting (visitation) agreement… http://www.scfathers andfamilies. com/public/docs/1330102654.pdf. By starting this model agreement, it may increase the chances a court will later agree you have been the custodial parent for a year (assuming things go well between the two of you for that time).
Be sure to keep written track of what actually happens in terms of following any agreement you reach. Even e-mails between the two of you can be helpful as you show your husband’s intent to agree to your having custody.
If You Think You Can’t Afford A Lawyer…
There are several programs and options to get more affordable legal help in South Carolina. The other reason to check if you can get legal may be to keep your husband from using their services. Usually, legal aid (SCLS) will make sure they only represent or help one of the parties to a family law conflict. http://www.sclegal.org/Home /ApplyForService /tabid/213/Default.aspx.
Next, let’s look at the “self help” options in South Carolina family court.
“Do It Yourself” Legal Steps
For example, there are (depending where you live) even step-by-step packets available in most South Carolina family courts. The South Carolina Bar has a helpful place to look for family court forms: http://www.scbar.org/MemberResources/PracticeManagement PMAP/Forms/ SampleForms.aspx. The SC Bar also has a Pro Bono program, to help many people who otherwise couldn’t afford a lawyer: http://www.scbar.org/Member Resources/ ProBonoProgram. aspx.
Yes, the court system in South Carolina actually has a procedure to try and make sure these kinds of possibly more positive outcomes (divorcing couples who will co-operate in parenting) don’t boomerang. Specifically, since lawyers may not be involved at the start, courts want to see if both sides know exactly what they are getting. Check out a list of what the filing costs are, if you want to formally pursue separate “maintenance and support” form your husband while you live apart: http://www.judicial.state.sc.us/clerks Court /fcFileFee.cfm. If you can’t afford these fees, ask the court clerk about an affidavit for waiving the filing costs.
From your question, I hope you are also looking at several other issues involved in living apart, including a formal separation, and any property division (you can go to court and file the separate maintenance action). There are five grounds for divorce in South Carolina, and here’s a guide to understanding how these affect custody and support: http://www.scbar.org/public/files/docs /divorce.pdf.
There’s often a risk when one partner has a new relationship, owing to the possibility it may create a new competing family. The big complication to not having any legal help, however, is (a) that your child’s welfare is involved and (b) you think your husband “won’t fight” your getting full custody. I’ve seen it happen many times that this was just a way to lull one “side” into doing nothing, or (even more often) the other side just changed their mind about custody: written agreement or not. These are concerns in this case based on your saying you could “really mess him up.” He may very well be trying to just keep things settled down, as he gets into a better legal position. Another common reason people’s best intentions fall apart is when child support comes up. Here’s how you may ask for child support enforcement if your more co-operative plan doesn’t work out http://www.state.sc .us/dss/forms/files/27103.pdf.
So you’re smart to try and get something in writing. But I think you should get it done through the maintenance action. Here is a good source for what a court will probably eventually accept as a model parenting (visitation) agreement… http://www.scfathers andfamilies. com/public/docs/1330102654.pdf. By starting this model agreement, it may increase the chances a court will later agree you have been the custodial parent for a year (assuming things go well between the two of you for that time).
Be sure to keep written track of what actually happens in terms of following any agreement you reach. Even e-mails between the two of you can be helpful as you show your husband’s intent to agree to your having custody.
If You Think You Can’t Afford A Lawyer…
There are several programs and options to get more affordable legal help in South Carolina. The other reason to check if you can get legal may be to keep your husband from using their services. Usually, legal aid (SCLS) will make sure they only represent or help one of the parties to a family law conflict. http://www.sclegal.org/Home /ApplyForService /tabid/213/Default.aspx.
Next, let’s look at the “self help” options in South Carolina family court.
“Do It Yourself” Legal Steps
For example, there are (depending where you live) even step-by-step packets available in most South Carolina family courts. The South Carolina Bar has a helpful place to look for family court forms: http://www.scbar.org/MemberResources/PracticeManagement PMAP/Forms/ SampleForms.aspx. The SC Bar also has a Pro Bono program, to help many people who otherwise couldn’t afford a lawyer: http://www.scbar.org/Member Resources/ ProBonoProgram. aspx.