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Sharing Custody Over The Holidays

Sharing Custody Over The Holidays

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Divorce can change many aspects of your life,including the time you get to spend with your children. Courts often award joint custody of children to the parents in accordance with South Carolina law, which means your child will spend part of their time physically with you, and part of their time physically with their other parent. This usually means that you will have to share time with the other parent over the holidays. Many of us have holiday traditions we share with our kids, such as traveling to see grandparents or waking up early on Christmas morning to open presents. The reality is that joint custody may make some of these traditions impossible. The following are some tips regarding how to handle shared custody during the holiday season: Refer to…
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What is Malicious Parent Syndrome?

Custody
When it comes to divorce and custody cases there is a lot of high stress situations that may cause one or both parents to act in violent or malicious ways. While there is no medical disorder called Malicious Parent Syndrome it was coined this name by Ira Turkat, a Florida psychologist. When this syndrome occurs one parent may go as far as harming their children to prove that their co-parent is a bad guardian. Fender Law Firm in Beaufort is aware that many custody battles can put a lot of strain on families and we are here to make sure both parties act in ways that are best for the children involved. We want to inform those dealing in high stress custody battles about the possible characteristics of Malicious Parent…
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When Do I Need a Custody Attorney?

When Do I Need a Custody Attorney?

Custody
Getting a divorce is a complicated process. When children are involved, it becomes even messier. Oftentimes, both parents want what’s best for their children. However, as the divorce process goes on, there are always disagreements about what that means. Even if your ex-spouse isn’t contesting the divorce, you’ll likely need the help of an attorney to get the custody agreement you want. But how do you know when it’s time to contact a child custody attorney? Don’t gamble with your family’s future. If you’re in Beaufort and you experience any of the following situations, contact Fender Law Firm today and talk to a custody attorney. You’re Worried About Your Children’s Safety If you’re leaving an abusive relationship, your ex is trying to cut you off from your children, or your…
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Protecting Yourself from Paternity Fraud

Protecting Yourself from Paternity Fraud

Paternity
Being a father comes with a lot of responsibilities. Legally, fathers are obligated to provide care, shelter, and financial support for their children. In the case of a married couple, the husband is assumed by the court to be the child’s father. For unmarried couples, paternity may be legally established by an affidavit of paternity. This is a legal document which certifies that the man is the biological father of the child. Family courts in South Carolina use paternity affidavits or birth certificates as legal proof of a child’s paternity. Paternity fraud is when a men has been falsely identified as a child’s biological father. If the man is married to the mother at the time of the child’s birth, or if he has signed a paternity affidavit, courts will…
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Understanding How to Legally Change Your Name

Understanding How to Legally Change Your Name

Name Changes
There are several reasons that a person may want to legally change his or her name. While this process is fairly straightforward, the court will ultimately take into account the reasoning behind the requested name change. To ensure that you are in compliance with South Carolina state laws, it is important to work with an attorney who has experience with name changes and the different situations which are applicable to them. What are the Most Common Reasons for Name Changes?  The most common reasons people request a name change is following a marriage, divorce, or for personal reasons such as a gender change. For people who wish to change their name for personal reasons, they will have to file a petition with the court. They may also attend a hearing…
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Should You Consider Family Law Mediation?

Should You Consider Family Law Mediation?

Mediation
A divorce is one of the most emotionally exhausting processes that a couple can go through. During this stressful time, making rational decisions is often easier said than done. Many couples end up disagreeing on at least one thing during a divorce case, and often these conflicts must be resolved in court. There are alternatives to litigation, however, which allow couples to work out their differences in a more peaceful manner. Family law mediation with an experienced Beaufort attorney is an excellent way for couples to come together in a neutral environment and find solutions to their issues in a calm manner. Mediation is a great tool for many couples facing complex family changes including divorce, child custody, alimony, and asset division. While mediation can be a fantastic solution, it…
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Divorce 101: How to Have a Successful Divorce Case

Divorce 101: How to Have a Successful Divorce Case

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Choosing to file for divorce is a hefty decision that involves a lot of financial and emotional stress. As your case begins, it is important to maintain a level head in order to increase your chances of reaching a successful outcome. If you want to have a smooth divorce case that ends in your favor, it is vital to keep these tips in mind. Take account of your needs: Divorce cases are rarely cut and dry. This means that emotions are usually running high-whether those are feelings of anger, sadness, or frustration. When you decide to file for a divorce, it is important to first take account of your needs and methods you will use to cope with stress. If you begin the process with a plan to remain level-headed,…
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CHILD ADOPTION IN BEAUFORT SC

CHILD ADOPTION IN BEAUFORT SC

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When practicing primarily in the South Carolina Family Court, a majority of what we do involves representing clients in bitterly disputed litigation in which there are no winners, and if children are in any way involved, they are generally the ones who lose out. Adoptions are the exception to this unfortunate reality, and adoption proceedings are some of the most rewarding and gratifying cases that we as attorneys could ever be involved with. Adoptions are generally joyous occasions that expand or complete a family unit and rival childbirth in terms of their celebratory effect. Tens of thousands of adoptions take place in the United States every year. Adoption generally requires the participation of both the birth mother and biological father of the child, although there are exceptions to this when…
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GUARDIAN AD LITEM – FENDER LAW IN BEAUFORT SC

GUARDIAN AD LITEM – FENDER LAW IN BEAUFORT SC

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Over the past years, Guardians ad Litem have taken on an ever increasing role in the South Carolina Court System. When an infant, minor, child, or otherwise incapacitated person can’t represent themselves, the court will usually appoint a “Guardian ad Litem”, or “guardian of the suit” to represent the child or persons best interests and help preserve their rights and well-being for a specified duration of time. South Carolina Family Courts often appoint Guardians ad Litem in cases including Divorce with Child Custody, Adoption, Child Support, and Emancipation. A Guardian ad Litem works for the Court, on behalf of the “ward” for a certain duration of time, which is usually confined to the pendency of litigation. Guardians Ad Litem are not to be confused with a “Guardian of the person”,…
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RIGHTS OF UNMARRIED FATHERS

RIGHTS OF UNMARRIED FATHERS

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“Your daddy never, meant to hurt you ever’ ‘He just don’t live here, but you’ve got his eyes” John Prine…  Unwed Fathers There was an interesting, and somewhat concerning, article in the news paper this past weekend about the number of unwed mothers giving birth in the various parts of South Carolina.  According to several statistics, upwards of 50% of births in South Carolina are to unmarried parents.  This raises several issues related to a father’s rights concerning a child, when he and the mother were never married. This is really a tough situation that many unwed South Carolina fathers find themselves in and which The Fender Law Firm fields questions on a weekly basis.  It can be confusing and frustrating for unmarried fathers to navigate the South Carolina legal…
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