Legal Question in Family Law in South Carolina

I'm currently under an Order of Default for failing to appear for the initial conference. The state did grant me genetic testing, but the Order of Default were to remain in place. I appeared for collection, the mother & child did not. The mother has failed to appear on two subsequent collection dates. The state suspended my case until genetic collection was complete and reviewed, and advised they would seek contempt against mother if she fails to appear again. State also advised the custodial parent had been altered from the mother, to grandmother. They said this change needed to be researched.

If she fails to appear for the upcoming collection date, can I be released from this order of default?


Asked on 7/23/11, 12:56 pm

1 Answer from Attorneys

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

You have a few options as to how to proceed, including but not limited to, filing a motion to get the default lifted, filing a motion to dismiss, or filing a separate private action.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 7/24/11, 7:43 pm


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