Sligh Law Firm, PASligh Law Firm, PA2026-11-03T17:03:07Zhttps://www.horrylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502098/2020/07/cropped-favicon-32x32.pngOn Behalf of Sligh Law Firm, P.A.<![CDATA[How to file an order of protection in South Carolina]]>https://www.horrylaw.com/?p=476632026-11-03T17:03:07Z2026-11-03T17:03:07ZWho can ask for an order of protection?
You may seek an order against a current or former spouse, someone you share a child with, a person you live with or lived with or certain other household members. To get a temporary order before the full hearing, you usually must show an immediate danger of domestic violence or physical harm.
Before you file, gather records that support your request. Helpful records may include:
Text messages
Call logs
Photos of injuries
Police reports
Threatening emails or voicemails
Names of witnesses
These records give the judge a clearer picture of the situation. Early evidence can also shape related family court issues.
What happens after you file the petition?
You start by filing forms with the clerk of court in the county where you live or where the abuse occurred. You may also need a sworn statement describing the abuse and the protection you want, such as no contact, temporary custody or use of the home.
A judge may review the request without notifying the other person first. If the judge sees immediate danger, the court may issue a temporary order. South Carolina protection order information outlines the process in more detail. If the court issues a temporary order, it typically schedules a full hearing within 15 days.
How to prepare for your protection order hearing
The hearing is your chance to explain what happened and show why you need protection. Clear records, organized testimony and witness support can all matter if the other side denies the abuse. Good preparation can influence what the court decides. A South Carolina family law attorney can help you organize your proof and present your case at the hearing.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[What is the role of a Guardian ad Litem in a South Carolina custody dispute?]]>https://www.horrylaw.com/?p=476602026-10-23T22:58:13Z2026-10-23T22:58:13ZWhat is a Guardian ad Litem?
A Guardian ad Litem is appointed by the Family Court to represent the specific best interests of a minor child during a legal dispute. The GAL does not advocate for either parent. Instead, they conduct an independent investigation and report their findings to the judge. The GAL's role is to give the court a clear, factual picture of the child's life, needs, and circumstances.
What does a GAL do during a custody case?
A Guardian ad Litem carries out several core responsibilities throughout the investigation. The GAL interviews key people involved in the child's life, which typically includes the child themselves, both parents, and third-party witnesses such as teachers, pediatricians, counselors, and extended family members. The child's age and maturity level affect how that interview is conducted.
The GAL also conducts visits at both parents' homes, which may be scheduled or unannounced, to observe living conditions, safety, and how the child interacts with each parent in their own environment.
Under court authorization, the GAL reviews relevant records including school attendance and academic reports, medical and dental records, mental health or counseling records, and any criminal background information that may be relevant to the child's safety.
Prior to temporary or final custody hearings, the GAL prepares a written report summarizing their findings and presenting observed facts and safety considerations to help the judge evaluate the best interests of the child factors.
How parents can prepare for a GAL investigation
The way a parent engages with the GAL process can affect how the investigation unfolds. Providing requested documents and contact information promptly shows cooperation. Focusing on specific examples of how your parenting routine meets the child's needs tends to be more useful than general statements or criticisms of the other parent. Keeping your home organized and safe for scheduled or unannounced visits matters, as does allowing the GAL unhindered access to the child consistent with the court's order.
Being cooperative and child-focused throughout the process reflects well and keeps the attention on what the court cares about most.
Getting legal support
A Guardian ad Litem's report can carry meaningful weight in a custody decision. Having clear legal guidance helps ensure that your perspective as a parent is accurately presented throughout the investigation and hearing process. If you have questions about a custody dispute or GAL process, contact our office to speak with a South Carolina family law attorney in Conway about your situation.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Do I risk losing custody if I accept a promotion?]]>https://www.horrylaw.com/?p=475562026-10-15T14:04:08Z2026-10-15T14:04:08ZThe promotion comes with a better salary, more responsibility and a chance to move forward professionally. But for a parent who shares custody, the decision may not feel like a simple career move. A later end to the workday could mean missing school pickups. Business travel could mean fewer nights with a child. And if the other parent objects, a parent may wonder whether pursuing this opportunity could jeopardize an existing custody arrangement.
South Carolina courts do not treat career advancement as a reason to take custody away. However, the effect of a new position on a child's daily life may become relevant in a custody dispute.
How a promotion could affect a custody decision
When deciding whether to establish or change a custody arrangement, South Carolina judges assess the child's needs, each parent's involvement and the stability of the child's home under Section 63-15-240 of the state code. A promotion alone does not establish that a parent cannot meet a child's needs. A higher salary could even help a parent provide a more stable home. Still, the new role's demands may raise concerns if they substantially limit time with the child or disrupt an established routine.For example, a parent who accepts a position with frequent overnight travel may need to arrange reliable child care or coordinate parenting time differently. A parent who works longer hours but maintains consistent involvement in school activities, medical appointments and daily care may present a different situation.Courts consider the overall circumstances rather than treating career advancement as a reason to favor one parent automatically.
What if the promotion changes the parenting schedule?
Parents should review their existing custody orders before accepting a position that could affect parenting time. A new work schedule may require adjustments, but parents should not assume they can disregard an existing court order.If both parents agree to a practical arrangement, they may be able to work toward a revised parenting plan. If they disagree, a parent seeking a formal custody modification may need to show that the change serves the child's best interests under the applicable legal standards.Keeping records of work schedules, child care arrangements and involvement in the child's daily life may help explain how the new position affects parenting responsibilities.A promotion can change the rhythm of family life, but a demanding job and an involved parent are not mutually exclusive.
Make a career decision with custody in mind
You should not have to dismiss a promising opportunity simply because your family has two households. At the same time, thinking through the practical impact on your child before accepting a new role may help you avoid conflict later. Consider how you will handle school runs, overnight travel and scheduled parenting time before making the change.If you are concerned that a promotion could lead to a custody dispute, a South Carolina family law attorney can review your current order and explain your options. Legal guidance can help you weigh the opportunity while protecting your relationship with your child.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Establishing paternity for unmarried parents in South Carolina]]>https://www.horrylaw.com/?p=475542026-10-07T10:42:05Z2026-10-07T10:42:05ZUnderstanding legal fatherhood at birth
When a child is born outside marriage, the mother generally has sole custody unless a court orders otherwise. The biological father may not have legal rights to make decisions for the child. Establishing paternity gives the father legal status. It also lets him ask the court for custody or visitation.
Voluntary acknowledgment of paternity
Parents can establish paternity by signing a Voluntary Acknowledgment of Paternity. They may sign the form at the hospital or through the South Carolina Department of Public Health. This can establish legal paternity without a court hearing.
Parents should understand the form before signing it. It can create a duty to pay child support. It can also create other legal rights and duties.
Court-ordered paternity testing
Parents may disagree about who the biological father is. In that case, genetic testing may help establish paternity. Other legal steps may also establish paternity. These can include a court or administrative decision.
A paternity case may also deal with child support, custody or visitation. Establishing paternity does not give the father automatic custody or decision-making rights.
Benefits of legal recognition
Establishing paternity can help a child in many ways. It may help the child get health insurance or Social Security benefits. It may also protect inheritance rights. Legal paternity gives the father a basis to seek custody or visitation. Any custody order must serve the child's best interests.
Protecting parental rights in Conway
Establishing paternity can give unmarried parents more legal certainty. It can also help protect the child's rights. Parents who need to address paternity, custody, visitation or support should learn about their options before signing documents or going to court.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[What to expect during South Carolina divorce mediation]]>https://www.horrylaw.com/?p=475522026-09-11T10:07:07Z2026-09-11T10:07:07ZA mediator manages the discussion but does not make rulings
The mediator does not act like a judge. Instead, the mediator works with both spouses to identify disputed issues, encourage settlement and keep the discussion focused.
Mediation may involve property division, support or parenting issues. General background on divorce procedure in South Carolina can help explain where mediation fits in a contested case.
Sessions often involve separate discussions and settlement proposals
Mediation sessions often begin with a short explanation of the ground rules. In many cases, the spouses stay in separate rooms while the mediator moves between them to discuss possible terms.
This structure can reduce direct conflict and give each spouse a chance to speak candidly about settlement. If the spouses reach an agreement, the terms may later become part of the divorce resolution.
Preparation can affect the outcome
A spouse may approach mediation more effectively with organized financial records, clear parenting priorities and a realistic view of where compromise makes sense. Preparation matters because mediation focuses on settlement, not on proving every point the way someone would at trial.
A spouse dealing with related family law disputes that move through mediation may also need to consider how financial or parenting issues affect the larger divorce case. A lawyer can review the disputed issues, prepare for the session and assess whether a proposed agreement protects the spouse’s long-term interests.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[What is a right of first refusal in custody plans?]]>https://www.horrylaw.com/?p=475512026-08-28T14:50:24Z2026-08-28T14:29:52ZHow does a right of first refusal work?
A right-of-first-refusal provision generally requires a parent to contact the other parent before arranging outside childcare when the parent will be unavailable for a specified period. The other parent can then decide whether to care for the child during that time, subject to the terms of the parenting plan.
South Carolina law allows parenting plans to address parenting time and other arrangements involving a child's care. A right-of-first-refusal provision can be one way to address childcare during a parent's scheduled time. For example, a plan might require a parent to contact the other if they expect to be unavailable for four or more hours.
When can this provision be useful?
This arrangement may be helpful when a parent's work schedule, travel or other obligations regularly create childcare needs during scheduled parenting time. It can give both parents a defined process for handling those situations instead of leaving each parent to make separate arrangements.
The provision may be particularly relevant for parents with demanding or changing work schedules. Parents can discuss whether the arrangement fits their circumstances when creating or modifying a child custody plan.
What should the parenting plan address?
The provision should explain when the right applies and how the parents should communicate. Parents may also want to address how much notice is required, how the other parent responds and whether specific exceptions apply.
For example, a plan could distinguish between a short absence and an extended period when childcare is needed. Specific language can make it easier for both parents to know what the parenting plan requires in a particular situation.
Creating a workable custody plan
A right of first refusal is only one part of a parenting plan. Its value depends on whether the terms fit the family's circumstances and clearly address situations that may arise. Considering these details when establishing or modifying a custody arrangement can help parents create a schedule that works for their children and their day-to-day lives.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Can you use a small estate procedure in South Carolina?]]>https://www.horrylaw.com/?p=475502026-08-24T09:19:49Z2026-08-24T09:19:49ZWhen can a small estate procedure apply?
South Carolina allows a simplified process for certain estates valued at $45,000 or less, after certain deductions. This limit took effect in May 2025. The estate must meet the other requirements under South Carolina law.
The estate's value does not answer the question by itself. The type of property and the status of the probate case also matter. For some personal property, a person who has the right to inherit may use an affidavit to collect property without opening a full estate administration.
These rules provide the starting point for determining whether a simplified process may apply.
What requirements must you meet?
For the personal property affidavit process, South Carolina law sets several requirements:
At least 30 days must pass after the person's death.
No one can have a pending application or petition to appoint a personal representative.
The court cannot have already appointed a personal representative.
The estate must meet the applicable value limit.
The person seeking the property must have the legal right to receive it.
The affidavit must identify the deceased person, the property and the people entitled to receive it.
The South Carolina Judicial Branch provides a specific form for this process. Other simplified procedures may apply when a personal representative already handles the estate. The facts of each estate determine which option fits.
What should families consider?
Families should identify the deceased person's assets, debts and property ownership before choosing a probate procedure. They should also look for a will and check whether someone has already started a probate case.
A small estate procedure can reduce the steps a family must take when an estate meets the required conditions. However, an estate under the dollar limit does not automatically qualify for every simplified process. Reviewing the estate's assets and circumstances can help families understand which probate option may apply.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Can parents refuse grandparent visitation in South Carolina?]]>https://www.horrylaw.com/?p=475482026-08-12T07:07:44Z2026-08-12T07:07:03ZCourts give weight to a parent’s decision
If you ask a family court for visitation, the judge must respect the parent’s decision unless the facts meet the legal standard. South Carolina law starts with the view that a fit parent acts in the child’s best interest. A close relationship with your grandchild does not, by itself, give you a right to visit.
A judge does not simply decide whether another arrangement would seem better. The law places strong limits on when a court may override a parent’s choice. Your situation must first fit the conditions that South Carolina sets for grandparent visitation.
When grandparents may seek court-ordered visits
You may seek grandparent visitation when one or both parents have died, or when the parents have divorced or live in separate homes. You must also show that a parent or guardian has unreasonably denied you visits. South Carolina law specifically addresses a denial that lasts more than 90 days.
You must meet other requirements as well. The judge must find that visits would not interfere with the relationship between the parent and child. You must also provide clear and convincing evidence that the parent or guardian is unfit, or that there are compelling reasons to override the rule that a fit parent acts in the child’s best interest.
If you are considering court action, you might keep records of your past visits and any later limits on contact. Messages about denied visits could help show how the situation changed.
Understand what matters before seeking visitation
Losing contact with your grandchild can be difficult. Understanding the limits of South Carolina law may help you assess whether court action fits your situation. A clear timeline and well-kept records could help you prepare before deciding what to do next.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Can cohabitation end alimony in South Carolina?]]>https://www.horrylaw.com/?p=475462026-08-04T18:02:10Z2026-08-04T18:02:10ZThe 90-day rule applies to periodic alimony
South Carolina law includes rules on when periodic alimony can end, including when the supported spouse lives with a romantic partner for at least 90 days. The question is not just whether the former spouse is dating. The court looks for a continuing living arrangement that meets the state's continued cohabitation standard.
This matters because a motion to end support may fail if it treats a dating relationship like a shared home without enough proof.
What facts may show continued cohabitation?
A court may look for signs that the former spouse and their romantic partner share a home in a steady way, not just on weekends or from time to time. Evidence may include:
A common address
Shared bills
Witness accounts
Social media posts
Other records showing that the couple lives together on an ongoing basis
These details matter because suspicion alone usually is not enough to meet the legal standard.
Timing and proof can shape the result
A motion to end support usually depends on evidence, timing and the type of alimony already in place. Disputes over continued support payments can become more complicated when one side files too early or relies on weak proof. A family lawyer can assess whether the record supports termination of alimony, since a premature filing may make a valid claim harder to prove later.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[No response from executor: How can heirs enforce probate rights?]]>https://www.horrylaw.com/?p=475432026-07-13T16:27:58Z2026-07-13T15:52:03ZWhat are an executor's legal obligations?
An executor has specific legal duties they must carry out. These include gathering all estate assets, paying outstanding debts and giving property to heirs as directed by the will. The executor must also keep heirs informed throughout the process. This means regularly sharing updates and answering questions on time.
Heirs have a right to know what is happening with the estate. Going silent or stalling without a good reason may be a breach of duty.
When does silence become a problem?
Some delays in probate are normal. Large or complex estates take time to settle. However, long stretches of silence are often a red flag. If months pass with no updates or responses, heirs have reason to worry. Missing court deadlines or failing to file required papers also signals that something may be wrong. South Carolina law strictly requires executors to close the estate within one year from their date of appointment, unless the probate court grants a formal extension.
What legal options do heirs have?
Heirs can take action if an executor is not responsive. The probate court has the power to step in and require action. Heirs can file a petition asking the court to demand a full accounting of estate assets and the steps taken so far.
The court may also order the executor to act or explain any delays. If the executor has mismanaged funds or acted in bad faith, the court can hold them personally responsible. In serious cases, the court can remove the executor entirely and name a new one to take over.
Protecting your inheritance rights
Addressing an unresponsive executor requires prompt action. Create a clear timeline showing how long the executor has been unresponsive. This organized record becomes valuable evidence if court intervention becomes necessary. Acting early can help you hold executors accountable and keep the estate settlement on track.]]>