McLaren & Lee is a divorce and family law firm based in Columbia, South Carolina, with a statewide practice concentrating on complex marital and family law litigation and trial work.
Child Support
Motion for Appointment of Guardian ad Litem: In actions involving seriously contested custody or visitation matters, the Family Court generally requires that a Guardian ad Litem be appointed to represent the interest of the children. Children are minors and thus cannot make legal decisions themselves. A Guardian ad Litem is a person independent of you and your spouse who is appointed by the Court to represent the children. Typically, the Guardian appointed is an attorney. During the case, the Guardian ad Litem makes decisions for the children, may testify on behalf of the children, and may ask questions of you, your spouse and the witnesses, in and outside the courtroom. The Guardian may also make recommendations on issues such as custody, visitation and child support, but only if requested by the Court. The Guardian ad Litem's role is very important and can be determinative of the outcome of your custody or visitation case. You should treat the Guardian ad Litem like a "second Judge".
Child Custody and Visitation
When serious issues of child custody or visitation are in contest, we generally recommend that an experienced clinical psychologist be hired to evaluate the family and to assist in making the child custody and visitation decisions. We also recommend using clinical psychologist to work through custody and visitation problems, which may defuse the contested nature of those issues.
Where infidelity is suspected, we generally recommend that a licensed and respected private investigator be engaged to document adultery. We recommend against self-help -- we do not want our clients conducting surveillance themselves as surveillance is dangerous, the proof you secure may or may not be admissible or useful in Court, and if you bungle the surveillance, it will make it more difficult for a private investigator to come behind you and secure the necessary proof. Proof of adultery can be critical as in most instances competent evidence of adultery bars alimony.
Legal Separation
Under South Carolina law, there is no such thing as a legal separation. You are either married -- or not married. There is no in between. You should not date until you are actually divorced.
Annulment
McLaren & Lee is a law firm of skilled and experienced attorneys with almost 70 years of combined experience in the areas of complex marital and family law litigation and trial work including marital and prenuptial agreements, divorce, annulment, alimony, property and debt division, child support, child custody, paternity and related appeals, as well as alternative dispute resolution including mediation and arbitration.
When you are certain that no possibility of reconciliation exists, then and only then do we move forward. The disputes that you have with your spouse will either be concluded by a written agreement or by the Court making the decisions for you and your spouse regarding child custody, child visitation, child support, alimony, property and debt division, tax matters, attorney fees and the like.