Motion for Relief in South Carolina Family Court

Temporary relief is an interim, or "temporary," social club from the court that addresses certain firsthand circumstances until a more formal and permanent ruling can be reached. In family unit court cases, temporary hearings are ofttimes useful for addressing disputes about things such as visitation schedules, who gets to live in the marital home on a temporary basis, payment of ongoing bills, and financial support.

Ofttimes, for instance, the court will give ane party or another the exclusive use of sure existent or personal property. Responsibility for ongoing payment of that holding will usually also be addressed.  The courtroom might also direct that ane or both parties refrain from taking any measures which would bear upon marital assets. Finally, the courtroom can order 1 party to pay another temporary attorney fees or "suit coin" in an effort to level the legal playing field in a family police dispute where there's a vast disparity in income between parties.

Temporary Orders for Child Custody and Support

Many requests for temporary relief in family constabulary cases deal with child custody and support issues. Often, couples stay in unhealthy relationships for fear that they won't be able to survive and support their children after separation, unaware that there are legal avenues available to help.

When a couple can't agree on finances or custody upon separation, a court might impose a temporary order maintaining the "status quo" of the parents' current support and contact with their children, or they may change that arrangement entirely, depending on what they believe is in the child(ren)'due south best interest. Another issue deals with legal decision making- volition 1 parent have sole custody, or volition the parties share joint custody and both be involved in that decision making process?  In those cases, oftentimes the question the courtroom decides at a temporary hearing is which parent will be designated as the articulation chief custodian.

How to Request Temporary Relief

In South Carolina family constabulary cases, most initial hearings are for temporary relief purposes. If you and your spouse are unable to come to an initial understanding on such things every bit finances, support, and child custody, you will probably need to temporarily resolve those issues through court. A concluding ruling volition take place when your divorce, separation, or custody case becomes concluding.

Requesting temporary relief from the court requires some paperwork, because the court wants proof to support your claims and requests.  First, pleadings are filed.  And then, temporary motion packets are submitted and arguments are made to the court at a temporary hearing.  In an emergency situation, special pleadings are filed and a request tin can be made for an emergency hearing to take identify, which expedites the hearing process where, i.e., a child's safety is at run a risk.

The forms submitted to the court explain the exact type of temporary relief you are requesting every bit well as the full general facts that support your request.

What Happens at a Temporary Hearing in S Carolina?

If yous file an emergency motion for temporary relief, you may be able to receive a hearing in just a few days. Otherwise, you volition likely wait several weeks for a hearing. When y'all attend a hearing, wait that the process volition be brief (30 minutes or less).

Your hearing will accept place in a court with a approximate. Under South Carolina Family unit Court Rule 21 (b), evidence submitted for temporary hearings is limited to pleadings, affidavits, and financial declarations. The estimate therefore accepts written submissions past both sides (which are governed by certain parameters per the family unit courtroom rules).  Testimony is non unremarkably heard, but the judge may hear statement from each party's attorney based on their written submissions.  That'south why it's so important to have an experienced family unit law attorney by your side, so they can set up the submissions and temporary hearing statement in a way that gives yous the best possible take chances of attaining the relief you're requesting.

The estimate will then review the details of your asking as well equally the submitted show. If the request is fiscal in nature, they will consider the circumstances of both sides and the state guidelines before ruling on temporary spousal back up or child back up.

At the end of the temporary hearing, the judge may brand their ruling on the spot. If they practise, you lot volition walk away knowing what the temporary "ground rules" will be.  Otherwise, you might take to expect several days for the approximate to brand a determination. Once you accept an Order, yous'll exist required to follow its stipulations until you receive a Final Judgment on your case.

Get Help with Your South Carolina Family Police Matter

If yous demand help with obtaining a temporary lodge, divorce, or other family law affair in South Carolina, contact Cate & Brough Law Firm in Spartanburg to speak with an experienced and compassionate South Carolina family unit police force attorney. Contact the states online or call (864) 585-4226 to schedule an appointment.

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At Cate & Brough, we all have personal feel with family police force and family court. We know more than just what the law says nigh your upshot – we know what you are going through.

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