South Carolina Complaint regarding Negligent Supervision of Minor Child

State:
Multi-State
Control #:
US-PI-0302
Format:
Word; 
Rich Text
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This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
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FAQ

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.

Neglect is when a parent or guardian does not provide for the basic needs of a child, though capable of doing so. Neglect can include not meeting physical, medical, educational or emotional needs.

Title 63 - South Carolina Children's Code. Chapter 7 - CHILD PROTECTION AND PERMANENCY. Section 63-7-2350 - Restrictions on foster care or adoption placements. (k) criminal sexual conduct with a minor in the first degree as provided for in Section 16-3-655(A).

Under California law, a minor child's parent or guardian is liable for any willful act of the child that results in injury or death to another person or harm to another's property. This is true as long as the parent or guardian has custody and control over the minor.

(b) "Abandonment of a child" means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child the conduct of a parent or guardian, while being able to, of making little or no provision ...

There are several statutory grounds for terminating a parent's rights; in our practice, the most commonly employed grounds for termination are a) willful failure to visit the child for a period of six (6) months or more, and b) willful failure to pay support for a period of six (6) months or more.

Each parent has the same powers, rights, and duties. Each parent can get a hold of all educational records and medical records. Both parents can also go to school activities, unless a court says one can't. Neither parent can take the child by force from a parent who has legal custody.

To terminate parental rights, the court must have clear and convincing evidence that a ground to terminate exists and that termination of parental rights is in the best interests of the child. What is in the best interests of the child must be determined by the factors present in each case.

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South Carolina Complaint regarding Negligent Supervision of Minor Child