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Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.
But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.
DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
In these cases, the family court will schedule a probable cause hearing within 72 hours of taking the child into custody. If the last day falls on a weekend or holiday, the hearing will occur on the next working day. At the hearing, DSS generally calls witnesses and presents photographs or other evidence.
Despite popular belief, there is no specific age in South Carolina whereby the child gets to choose where he lives. Family court judges are hesitant, for good reason, to consider giving any child the power to tell his or her parents what he or she will or will not do.
Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled.
Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.
According to the US Census, the median household income in South Carolina is $5497. The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children.
Marijuana use is more likely to arise as a secondary concern once DSS has gotten involved, you may be subjected to drug tests. Failed drug tests, even for a not-quite-legal drug like marijuana, can result in removal of the children, loss of custody of the children, or even termination of parental rights.