Best Child Custody Lawyers in Mount Pleasant, SC

To file for divorce in South Carolina, one party has to have resided in South Carolina for at least one year if the other spouse lives in another state. If both parties have lived in South Carolina for at least three months, either party can file for a divorce in South Carolina. If one party has lived in South Carolina for at least one year, that party can file for divorce in South Carolina even if the other spouse has never set foot in this state. Other issues such as the division of property, alimony, visitation, and child support, however, require obtaining personal jurisdiction over the nonresident spouse. Obviously, jurisdiction questions are intricate; to avoid having his or her case dismissed due to a failure to adequately satisfy jurisdiction, please seek the advice of qualified counsel such as the attorneys at The LaMantia Law Firm.

In South Carolina, the Family Court has exclusive jurisdiction over actions for divorce. Each of the 46 counties in the Palmetto State has a Family Court. Actions for divorce are tried in the county where the Defendant resides at the commencement of the action, or the county where the parties last resided together as husband and wife. If the Defendant is not a South Carolina resident, then the action is tried in the county where the Plaintiff resides.

On a very basic and general level, non-marital property is usually considered any asset owned prior to the marriage, inherited by a party during the marriage, or given by a third party as a gift during the marriage. Marital property includes all real and personal property acquired by the parties during the marriage, gifts between spouses given during the marriage, and vested and non-vested benefits or funds accrued during the marriage such as retirement accounts, pensions, and real property. There are, however, many exceptions and nuances to this list, and there are situations where non-marital property can transform into marital property. To adequately protect your interests, we recommend that you consult with an experienced family law attorney who can give you sound legal advice on this topic, tailored specifically to your own situation.

Mediation is a negotiation tool in which the parties agree to present all or select issues in dispute before a third-party neutral, called the mediator. The mediator works with the parties and assists them in settling their issues, but mediators cannot advise either party or make a decision for them. Further, the parties are not bound by the mediated agreement. In addition, there is no requirement that the mediator reach a certain result, thus, it is possible that the parties may settle all of their issues, some of their issues, or none of their issues. Mediators are generally experienced Family Law attorneys or financial experts that are trained and skilled in the mediation process. In arbitration, the parties agree to submit their issue or issues to one or more third-party neutral parties, called an arbitrator. The arbitrator will listen to each party's side of the case and then, acting as if he or she is a judge, the arbitrator will issue a binding decision called an arbitration award. Unlike mediation, an arbitration award is final and may only be appealed in extremely limited situations.

The paramount consideration the Court looks to in all child custody controversies is the best interests of the child. There are a variety of other factors the court may consider when awarding custody such as: Religious faith. Child's reasonable preference, when appropriate. Domestic violence issues. The character, fitness, attitude and inclination on the part of each parent as he or she impacts the children. Who has been the child's primary caregiver. Immoral conduct by a party that would be detrimental to the welfare of the child. The psychological, physical, environmental, educational, medical, family, emotional, and recreation aspects of each child's life. Any written agreement between the parties. Given the complexity of and the unique nature of each case, we highly recommend that you consult with a knowledgeable and experienced family law attorney when dealing with such an action, such as the attorneys here at The LaMantia Law Firm.