Legal Question in Family Law in South Carolina

Child Custody

How do I go about filing for an apeal to a family court's decision. My 7 year old grandson who was 6 years old at the time his mother was burning him and his 4 year old brother with cigars and cigaretts. We had an a so called Emergency Hearing on Sept 11, 2007. Dss would not accept the evidence I had from the doctor, police dept,or the Pyscologist. nor my grandson's compliants of being abused. We had waht was called a Final Hearing on Jan 16, 2008. It was a mess. The judge was not able to find the transcript from the Sept 11,2007 court, and she stated she did not remember giving Jursidiction to the state of Texas. The aledged abuse was filed in sc. The mother did not appear in court for the custody hearing they decided she did not have to be there but I read in the Uniform Jurisdiction Act states that in the case of a custody hearing bothe parts should be present rather they are out of state or in state, the child does not have to be present. The mother did not appear her lawyer stated she did not wish to appear. The court's decision was already made before the court hearing. What can we do now to be heard. these little boye need to be protected.


Asked on 1/19/08, 5:56 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Child Custody

There are very strict timelines that must be complied with in order to appeal a Family Court decision in South Carolina. In addition, I would HIGHLY recommend hiring an attorney who specializes in appeals, as that type of practice is very different from trial work, and the qualities that make a good trial lawyer do not necessarily make one a good appellate attorney.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/20/08, 9:38 pm


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