Bryan Wesley Braddock’s Answers

Bryan Wesley Braddock

Florence Family Law Attorney.

Contributor Level 7
  1. How do I get a child support order modified?

    Answered 4 months ago.

    1. Bryan Wesley Braddock
    2. Joshua Brent Raffini
    2 lawyer answers

    Clearly, as has been alluded to, this is a complex question which will require consultation with an attorney. With the Order being 1 day old, you cannot file a new action to modify the prior decision, as it is not conceivable that an unforeseeable and substantial change of a material fact has occurred since the Order was issued. Therefore, the most two theories of relief are (1) a Motion to Reconsider or (2) an appeal. However, in the State of South Carolina, the Court universally...

    1 lawyer agreed with this answer

  2. Can a sex offender get full or partial custody of his child?

    Answered over 1 year ago.

    1. Jonathan Parker Edwards
    2. Bryan Wesley Braddock
    3. Matthew Thomas Majeski
    3 lawyer answers

    This questions has been directly answered by our appellate courts in South Carolina. In the Payne v. Payne decision in 2009, our Court of Appeals confirmed that, while a Court should consider the party's status on the sex offender registry in making its decision regarding custody, the amount of weight to place on that factor is in the discretion of the Court and is not dispositive on the issue. The Court will look at the totality of circumstances in making its decision.

  3. I would like to know if I am getting remarried and my exhusband has no contact with my child he is also back and forth in and

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    1 lawyer answer

    It is impossible to fully answer your question, as ever sentence brings up additional and varying issues. Adoption is a very complicated and very, very meticulous area of the law. Contact a local adoption attorney immediately.

  4. Can my husband's ex-wife sue us again for child support?

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    1 lawyer answer

    Without have more details, I would say yes. Just because she abandoned the previous action does not mean she is barred from pursuing child support. If the child was born during the marriage with your husband, then legally the child is his and he has a duty to support the child whether or not there is a Court order in place. If the child was born after the marriage and the issue of paternity was never adjudicated, then your husband is certainly entitled to ask for a paternity test. However,...

  5. I want a divorce but am not separated yet. I am having an affair but my wife said she won't sign papers. What can I do?

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    2. Andrew Daniel Myers
    2 lawyer answers

    Once again, South Carolina does not require parties to agree to anything. The signatures of parties are only required on written agreements, and those agreements still have to be accepted by the Court. The Judge's signature is the only binding signature in the process. You can move out, live separate for a year, and then file for a divorce on the one year's separation at that point. If you have children or, for some reason, need to go ahead and address financial and/or property/debt issues...

  6. I live in SC and are at fault for adultery and want a divorce but my spouse refuses to sign the papers. I want out, what do I do

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    2. David Alexander Browde
    2 lawyer answers

    In South Carolina, parties do not 'sign for divorces'. The Judge's signature is the only signature required for the granting of a divorce. You will be required to file the papers alleging the one year's separation once that period has passed, but thereafter her signature or consent are not required. She can potentially delay the process by pursuing relief to which you do not agree, but that is a separate and distinct issue. For the procedures of filing for a divorce, you should either...

  7. How do I present text messages in court to show harassment in a separation case?

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    2. Pamela A Wilson
    3. Theodore W. Robinson
    3 lawyer answers

    Following along these same lines, it is sometime possible to photocopy the text. Similar to the photograph idea, this allows the Court to actually see that the text was on the party's phone. Most cell phone companies will claim that they dump all text messages every few days, making it virtually impossible to obtain proof of the text from the actual company.

  8. Pro Bono Divorce

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    1 lawyer answer

    These are all questions for an Iowa attorney to answer. However, if you remain here for a year, then South Carolina has jurisdiction over the divorce. If there are no children, no property, no marital debt, and you are not requesting alimony, it is likely that you could handle the divorce yourself without an attorney. You could file here, pay the local law enforcement agency where he lives to serve him (most Sheriff's Departments have a civil service division), and move forward with your own...

  9. I want to move 50 miles from ex. We have joint custody. Im getting married. He said he will not agree. Do I have chance?

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    2. Naomi T Stal
    2 lawyer answers

    It is impossible to determine whether you have a chance until a licensed attorney evaluates your case. There are a multitude of facts which were not included: the child(ren)'s ages, the frequency with which the other parent visits, amount of family in area where you live, amount of family in area to which you desire to move. The distance is not that substantial, which helps you immensely. I just tried to case involving one parent moving almost all the way across the country. The cornerstone...

  10. What if father and mother remarried but seperated weeks after is the marriage still valid

    Answered over 4 years ago.

    1. Bryan Wesley Braddock
    1 lawyer answer

    I assume you are asking whether the marriage is subject to being annulled by one party or the other. The answer is (not surprisingly) maybe. The key to determining whether a marriage is subject to being annulled is whether the parties actually intended to be married or not. [I am going to avoid a discussion of marriage which are void ab initio, such as when one party was still married.] The classic factor the Court looks toward is cohabitation. If the parties cohabitated, even for one night,...

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