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Alexandria Broughton Skinner

Alexandria Skinner’s Answers

799 total


  • How can we obtain custody of a child out of state?

    My fiancé ' s 11 year old daughter lives in Texas with her mom. We have been battling with her for some time. When he calls to talk to his child, she's never there or she's unavailable. He will go weeks without talking to her. He calls the office ...

    Alexandria’s Answer

    Under the Uniform Child Custody Jurisdiction and Enforcement Act, the state where a child resides is the state that has jurisdiction over matters involving the child. To get a more comprehensive answer about what legal options are available, you will need to consult with a Texas child custody lawyer.

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  • We are a military family. Can I sue a prior school system for not helping my child that had and IEP?

    My son came to a new state thinking he was a HS senior. His counselor told him he would be placed back into the ninth grade. After taking with his current school. It seem as if his old high was just passing he from grade to grade because of his IE...

    Alexandria’s Answer

    You need referral to a special education attorney. I suggest that you either look on Avvo, or call Pro Parents of South Carolina, which is a parent advocacy group for parents of children with special needs. Pro Parents has lists of resources they can refer you to. Here is a link to their web site: http://proparents.org/

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  • My husband and I (married 5 yrs) plan to change our surname in SC. Can we do it as a family or must we do it separately?

    I have already contacted the clerk of court who was very unhelpful - no info, no packet info, no answers. We are hoping to do this on our own as we are developing a new surname to reflect both of us; we would like to proceed as a family changing t...

    Alexandria’s Answer

    Your circumstances sound unique enough that hiring an attorney would be advisable.

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  • I'm getting a settlement from a car accident. Is this mine or do I have to split it with my husband?

    I live in SC and am separating from my husband of 29 years. I have a settlement from a car accident which we had initially planned to use to pay off several small loans in both his name and my name. Now that we're separating I need to use t his m...

    Alexandria’s Answer

    Schedule an in-person consultation with a divorce attorney. There's no way an attorney can answer this without a confidential consultation and review of your individual, specific circumstances. Also, heed the advice of the bankruptcy attorneys who have answered. You may have need of an attorney who practices in both areas of law.

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  • In South Carolina what age do you have to be to choose between which parent to live with

    My dad and I don't get along and we never see eye to eye and he is very hard to get along with. He never listens he just thinks he is right and i need to stay with my mama she is my only hope, the only person i can trust, my all. please help

    Alexandria’s Answer

    You don't say how old you are, but to get a custody order changed you will need the assistance of an attorney.

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  • What would be the reason to only do custody instead of adoption?

    this in about my grand child age 15 whose mother died in car accident and unknown biological daddy is in Federal correction for drugs.

    Alexandria’s Answer

    It would really depend on the particular facts of the case (facts which should not be discussed in a public internet forum). I would recommend speaking in person with a family law attorney about the various options and factors weighing in favor of or against each option, and to see if there are other options that might also be available.

    The most compelling issue question is to consider, what is in the best interest of the child. Sometimes adoption is the best answer, and sometimes it may not be. Once it's decided what the objective would be, then see what legal avenues may be available to achieve the desired objective.

    Adoption terminates parental rights completely. After the parental rights have been terminated, the adoptive parent no longer has any legal obligation to deal with the "unknown" person. On the flip side, the child would no longer have any benefits associated with being the child of that parent, including social security or intestate inheritance. Also, in order to terminate parental rights permanently, certain evidentiary standards must be met that generally speaking could be called more stringent than the standard for custody.

    Because the answer of what is best for the child depends so strongly upon the unique facts of each case, an individual, personalized assessment is the only way an attorney could give you advice about reasons to do one thing or the other.

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  • I'm trying to file for divorce in South Carolina but I have to have a year separation. How can I do this with kids involved?

    My wife still lives with me but doesn't have a job. I can't get the process going until she is gone.

    Alexandria’s Answer

    Your question highlights that the process of separating and obtaining a divorce has many practical as well as legal aspects. Indeed, how will the two of you support two households -- not only children but the living needs of each of the spouses -- on income that used to support one household? How will the two of you coordinate the parenting of your children? How will the two of you decide upon a division of marital property and debt? Unless you and your wife have some idea how these practical issues can be managed, you may find yourself jumping off a diving board without knowing where you'll land. I strongly agree with the suggestion to consult with an experienced family law attorney.

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  • A track of land is being used for farming only entrance is through my drive way may I put up a fence to stop this

    they are using lots of chemicals in a very residential area

    Alexandria’s Answer

    Attorney Snell has written what I think it a great answer regarding how there might be an easement that could affect one person's right to exclude another. The chemical issues are a separate issue from whether someone has an easement or other right to use land. The chemical and evironmental issues should also be discussed with an attorney, preferably one who knows about environmental law, land use law, and the law of "nuisance." Any real estate attorney you consult with about property rights will probably have a knowledge of these as well.

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  • We have a divorce decree in place. Our divorce should be final at the beginning of January. I also have text conversations where

    He has lied about doing things he agreed to do. However there are no specific dates to enforce these. So how do I go about enforcing specific dates? I already know I need an attorney however I cannot afford one. We made the agreement back in Decem...

    Alexandria’s Answer

    I'm surprised you have a court order in place with this level of detail, if you didn't have a lawyer. If you do have an attorney, ask that person. If not, I disagree with the suggestion that there are free legal services. You should apply at South Carolina Legal Services, but they get many more applicants than they can accept. Here is the link: http://www.sclegal.org/Home/ApplyForService/tabid/213/Default.aspx One thing I sense you are running into is the fact that having a court order doesn't do much good if the action ordered is impossible to perform. If jumping over the moon is impossible, it's not going to do much good to get a court order telling someone to do it. What might be more helpful, as a practical matter, is to figure out what is realistic. If someone cannot afford a car, for example, then perhaps it will need to be sold. If you are interested in working jointly to overcome the challenges to having a workable agreement, you might consider the paradigm of mediation as a primary method of reaching agreement. Ideally, mediation is non-oppositional and focuses on finding workable solutions. The nonprofit mediation centers (such as Upstate Mediation Center in Greenville and Midlands Mediation Center in Columbia) utilize volunteer mediators who donate their time, and they charge on a sliding fee scale.

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  • I have a divorce question after 21 yrs, of marriage and 2 kids 16 and 8yo

    me and my wife have separated all though we have not filed for legal separation. we have both agreed on marital asset division. is it possible that we can mutually agree how we want things divided (who gets what) and a judge go along with our wishes?

    Alexandria’s Answer

    Yes, of course. That's what we would call an "uncontested divorce." Prior to finalizing the agreement, both parties would be well advised to seek legal advice to make sure the agreement is, in fact, fair to them. An attorney will be needed to draft up the agreement and present it to the court. The court will review the agreement for fairness, after each party makes full financial disclosure.

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