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David F Stoddard
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David Stoddard’s Answers

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  • Do i have to have my daughters dad sign the adoption papers

    my daughters dad is not in her life and my fiance wants to adopt her when we get married does my daughters dad have to sign the papers too even though he lives in another state and is not apart of her life

    David’s Answer

    It is easier if the father signs a consent relinquishment, but this is not required. If he will not consent, you can file an action to terminate his parental rights along with the action for adoption. He would have a right to contest the adoption, and the court would have to find that termination of parental rights is in the child's best interest. It can be more expensive if he contests it. Either way, you will need to retain an attorney, who cold give you more details on what to expect.

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  • Who do I need to contact to remove my child's father's rights and name off birth certificate and how much would it cost?

    I placed the father on child support when my daughter was young for insurance reasons, he wasn't paying and always ended up in jail, so we both agreed to take him off if he signed a notary for my daughter to leave the states because I'm married my...

    David’s Answer

    Unless there is a court order that says you need his permission to move, or which gives him visitation rights that would prevent you from moving, you do not need his permission to move, nor do you need his rights terminated to move. You have a right to move and he has no say so in the matter. You can file a case to have his parental rights terminated and you will likely need to retain an attorney to represent you in such a case.

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  • In the state of south carolina how long can prosecutors hold back discovery from defense attorneys? In an ongoing case.

    In an ongoing case, once a defense attorney requests discovery (evidence) from state how long before they are required to hand over to defense?

    David’s Answer

    The response to a discovery request is supposed to be within 30 days. However, Defense council can allow more time and discovery is rarely sent within 30 days. As long as discovery is sent in within a reasonable time, it is usually not a good idea to file a motion to compel discovery because your attorney's good working relationship with the prosecutor is important. Your attorney might need some similar consideration from the prosecutor on your behalf.

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  • My husband is in colleton county jail and has a hold on him but its been past 10 days what can he do?

    He was told they can only hold him 10 days and the jail house forgot to notify scdc about my husband so what can we do he did violate parole but all his charges have been dropped

    David’s Answer

    • Selected as best answer

    It depends on what he is in jail for and what the hold is for. If he is in Jail on pending criminal charges (as opposed to serving a sentence), if he can post bond, then he will be sent to the county or appropriate facility that has a hold on him. If that hold is for an outstanding warrant, then bail can be set there. If the hold is for a bench warrant, or he is in jail on a bench warrant, he may be stuck in jail until his case goes to court. An attorney may be able to bet the bench warrant lifted.

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  • Lawyer recommending me to another lawyer due to fees, can't find any pro-bono divorce lawyers or lower fee ones in myrtle beach

    After my retainer fee was exhausted in dissolution of marriage sep. negotiations (2 letters), 2k was used up and my attorney said we need to file contested action in SC. I have been living apart for 8 months in another state and am disabled. The c...

    David’s Answer

    • Selected as best answer

    Call the SC Bar Association and ask for the pro bono program. Call (888) 346-5592 (legal Services) to see if you qualify but let them know you want to apply for the SC Pro Bono program. If you cannot get a Pro Bono Attorney, and if your husband has a good income, or there are valuable marital assets, call all of the attorneys you can until you find one willing to take your case to be paid if your husband is ordered to pay attorneys fees or from marital assets.

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  • I'm getting divorced in 10 days (court date). My soon to be ex-wife is still involved with the paramour (who is a convicted

    felon, has a 3 page wrap sheet with multiple counts of domestic violence, and has already hit my wife and threatened her life several times. Found out yesterday from my 5 & 7 year old girls that he spent all day Saturday with them. Wife has agreed...

    David’s Answer

    You can include a provision that she be restrained from allowing him (you can insert his name) around the child.

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  • I was in an accident over three years ago and was taken to jail instead of hospital

    i require an aditional surgery due to this accident and the decision they made not to take me to the E.R.IM FROM A SMALL TOWN AND I WAS AFRAID TO SUE AND PLUS I WAS PROMISED ALL CHARGES WOULD DISSAPPEAER

    David’s Answer

    If you are looking to sue someone, it sounds as if you want to sue the government. In SC you must file a suit against the government within two years of the incident

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  • My nephew is currently in jail in South Carolina. He has been there since May and has not received a preliminary hearing.

    None of the people that were involved in the incident has named him as a susupect but he is still being held. I know that he has a right to get his motion of discovery and a preliminary hearing so what does he has to do to get the hearing so that ...

    David’s Answer

    It is probably too late to request a preliminary hearing. He should hire an attorney or get a Public Defender. If there was insufficient evidence for probable cause at a preliminary hearing, an attorney may convince the prosecutor to drop charges.

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  • Can i get some money for my midical bills, i been in a car accedant, some one hit my friend car while i was there in the passing

    , i been in a car accedant, some one hit my friend car while i was there in the passinger seat, i got medical bill with 2000$ i miss 3 days of my job , i did not have seriose injery , can i get some money for my midical bills?

    David’s Answer

    Yes, you can get money for medical bills, and perhaps additional money for pain and suffering. I would also recommend contacting and attorney.

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