Legal Question in Family Law in South Carolina
paternity and custody\visitation
if i live in a different stat from my kids and i cant get to court dates for custody hearings what would be my best recourse. also in the state of south carolina if the person seeking visitation rights is a convicted felon is it still posible to be granted visitation rights to the children. also if i need to get a sopena for a paternity test and again i live in a different state from the child is there a way to still get it done thorough a judge. what actions would i have to take?
1 Answer from Attorneys
Re: paternity and custody\visitation
If a hearing is scheduled, it will most likely take place whether you are present or not, unless there is a very good reason to justify a continuance. If you are not able to be present, having an attorney appear on your behalf is much better than doing nothing.
As for a person being a felon, the Court looks at all factors that are relevant in a given case. The decision will be based on what is in the child's best interest, and the criminal conviction will certainly be considered and scrutinized by the Court.
If you want a paternity test conducted, you need to get an attorney to request it a.s.a.p, because you only have certain times that you can do so. If the other party will not consent, the Court can require the person to cooperate.
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