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To obtain an order of Separate Maintenance and Support, the Plaintiff must file a Summons and Complaint in Family court stating that the parties live separate and apart and that he/she wants the order. The Summons and Complaint must be served on the Defendant.

A parent cannot just sign over his rights to avoid child support. Even if he chooses not to pursue rights regarding parenting time or decision-making, he will still have the obligation to support his child and you can work with the state to get the support established.

The petition to terminate parental rights must set forth the basis for the court's jurisdiction; the child's name, sex, date, and place of birth; the plaintiff's name, address, and relationship to the child; the parents' names, dates of birth, and addresses, if known; the name and address of the child's legal guardian2015

When the Child is Younger than 12 In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. Most courts will see the child too young to make the decision.

As you get acquainted with all the aspects of family law in South Carolina, you will learn that there are no legal separation forms. Instead, you have to request a temporary hearing then seek an order of Separate Support and Maintenance, also called the Marital Separation Agreement form.

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Fill out the forms. Claim - Family Law Act (0.1 MB) Statement - Terminate Guardianship (0.01 MB) Affidavit of Service - Applicant (0.1 MB) File your order. Do this at the same court, in the same location, where you've either: already been to court with the other party.

Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.