This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
South Carolina USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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FAQ
At this time, joint custody is the type of custody most ordered by our family courts, as it allows both fit parents input into the major decisions touching upon the minor children. In most joint custody orders, there will be a designated ?primary custodian? and sometimes a ?secondary custodian?.
Temporary orders are just that- temporary. This means that they only last so long as the case is pending or, occasionally, until another temporary order is entered (if there has been a substantial change of circumstances which warrants a second hearing, or by agreement).
To request an emergency court order in South Carolina, you must file a motion ?for emergency temporary relief.? This document explains the emergency situation and why you believe emergency custody is necessary. An attorney can help you draft and file this motion.
To file for emergency custody in South Carolina, you or your attorney will file a ?Motion for Emergency Temporary Relief? that includes an explanation and documentation of why emergency custody is needed.
The following are the six steps to getting full custody in South Carolina: Petition. The first step to getting full custody in South Carolina is to draft a portion of the divorce or paternity petition. ... Filing the Petition Paperwork. ... Temporary Hearing. ... Mediation. ... Trial. ... Judge's Decision.
A temporary order is issued after a hearing on the motion is held, and each party provides specific information to the Family Court. These orders tend to address problems that arise during the South Carolina divorce case, like requiring one spouse to pay the mortgage and awarding temporary custody of the children.
In order to initiate a custody action, file the following forms: SCCA 467, SCCA 401F, SCCA 400.41 SRL-VIS, and SCCA 405F. Respectively, these are a cover sheet, summons, complaint, and motion. Once completed, make two copies of each ? one for each party.