Ernst Ronald A

Information may not be reliable

I am an attorney who was admitted to practice law in South Carolina in 1989. For over two decades, I have been serving the citizens of South Carolina. My primary areas of focus are Family and Probate Court. I routinely handle divorce, child custody and support actions, in Charleston, Dorchester and Berkeley Counties; however, I can also handle cases in other counties as the need arises.
Specializing in Family Court matters including divorce, child custody, support & visitation cases and Probate Court Guardian and Conservator cases

My Mission

Although the availability of financial resources should not affect the quality of your legal representation, it does affect the legal strategy that you can pursue. I try to help clients objectively assess their cases and work with them in devising the most cost effective means of meeting their legal objectives.

A Family Court action is initiated by filing a Complaint which is then served on the other party. Issues that need to be resolved early such as child custody and visitation, child and spousal support and possession of certain essential pieces of property are handled at a Temporary Hearing. The Temporary Hearing is generally held within thirty days. The parties' positions are presented through their attorneys and notarized documents (Affidavits and Financial Declarations). Following the Temporary Hearing, the parties go through discovery. If issues regarding minor children are disputed, a Guardian Ad Litem is appointed and conducts an investigation (SeeGuardian Ad Litem and Child Custody FAQs). Often Family Court disputes can be mediated (See the mediation description in theChild Custody FAQ). If the case cannot be settled, a Final Hearing with sworn testimony and exhibits is held.

A Simple Divorce is an uncontested action where a couple is solely interested in getting a divorce. If there are any other marital issues to be addressed, then the action does not qualify as a Simple Divorce. The other issues that complicate the divorce include child custody and support, visitation, equitable division and alimony.
Though a Simple Divorce is relatively easy to get, it is not advisable to attempt one without legal assistance. As a legal action, there are jurisdictional and procedural matters that must be complied with and which will make even the Simple Divorce a difficult and time consuming process.
Because the work involved in a Simple Divorce is largely routine and involves guiding paperwork through the Family Court system, a reasonable flat fee rather than an hourly rate is generally charged. In addition to the flat fee for services, there are also some mandatory and necessary charges such as filing fees and service of process fees that must be paid by the client.

Even if a case involves complicating factors such as child custody and support, visitation, equitable division or alimony, a case can be relatively simple to process as long as the couple has a general plan for a settlement; however, this is another situation (See Simple Divorce) where it is not advisable to proceed without the assistance and guidance of an attorney.
In addition to jurisdictional and procedural questions, specialized Court Orders may have to be drafted to put the Agreement into effect and relevant information must be gathered to determine the proper levels of support and a fair division of property and debt. Of course, these are just some of the issues that may need to be addressed and that the layman should consult an attorney about.

Except for the Simple Divorce, it is hard to think of a situation where a party would not benefit from the advice of an attorney. The legal system is adversarial in nature. It is assumed that a party will get the best results by having his or her own advocate working exclusively for them.
One attorney can help put into effect the agreement of an estranged couple; however, the couple must understand that the attorney has been retained by and represents just one of the parties. The other party must be advised of this and encouraged to seek his or her own legal counsel.
Before an Agreement is approved by a Court, the Court will question the parties to make sure that they fully understand their Agreement and are entering into it freely and voluntarily; that their agreement was not gained through threats; that their Agreement is fair and equitable and that the parties understand that if the Agreement is approved by the Court, it will become a binding Order. The only issues in a Family Court Order that can be modified later deal with the welfare of minor children. Issues regarding alimony or equitable division generally cannot be modified later.
If a party appears without the benefit of an attorney, the Court will ask if that person wants to consult with an attorney before the Agreement is approved. There are enough factors relevant to even the simplest legal question that it is usually advisable to consult with an attorney before your legal responsibilities are permanently set.

There are few cases as expensive, time-consuming and emotionally straining as a child custody action. The legal principle is deceptively simple: The Family Court works to ensure that the minor child's best interests are served and welfare protected.
If the parents cannot amicably resolve the issues of child custody and visitation, the Court will appoint a Guardian Ad Litem to represent the minor child. The Court directs the Guardian Ad Litem to do an investigation and make recommendations to the Court. The Guardian Ad Litem's investigation includes Home Visits, meeting with the child, checking the parents' references and background, checking the child's school record, along with making any other relevant inquiries. The Guardian Ad Litem is an attorney or other professional and provides a professional service for which the parties pay.
In some counties, parents may be advised or required to participate in mediation. A mediator is usually an attorney with specialized training. The mediator tries to help parents resolve disagreements and reach settlements. The mediator does this by conducting negotiations and helping the parties find common ground. Again, as with the Guardian Ad Litem, the mediator is providing a professional service and both parents generally share the cost; however, paying a mediator can be money well spent given the high cost of litigation.

Child Support is based on the number of children to be supported and a worksheet that factors in the parties' combined gross income and certain specified expenses that are incurred for the benefit of the children. Reasonable deviations from the guidelines are allowed in certain circumstances. Child Support can be modified periodically with the showing of a significant change in circumstances.

Visitation can be reasonable or restricted. Restricted visitation generally means the visitation is supervised and/or confined to a particular place and time. Since the Family Court encourages liberal and frequent visitation by a parent, compelling reasons have to be shown to restrict visitation. Visitation Orders can be general or very specific depending upon the parents' ability to work together to solve problems as they arise. Visitation Orders should also accommodate the geographic separation of the parents.
Joint custody is a term of art and has no exact meaning since under South Carolina law, both parents have access to a child's medical and educational records. Primary focus should therefore be on ensuring that visitation provisions are fair, reasonable and enforceable.
If disputes arise over visitation, the Court will appoint a Guardian Ad Litem to represent the minor child (See the Guardian Ad Litem FAQ). To assist the parties in resolving visitation disputes, the Court may also order or recommend mediation (See the Child Custody and Family Court FAQs). The visitation provisions of a Family Court Order can be enforced through a Rule to Show Cause (See the Rule to Show Cause FAQ). Visitation provisions can be modified upon showing a significant change in circumstances.

The most common type of adoption is by a stepparent. Generally, the biological parent who is relinquishing parental rights signs a Consent to Adopt and a Guardian Ad Litem is appointed to represent the child. The Guardian Ad Litem makes a Home Visit, visits with the child, checks the adoptive parent's background and makes a recommendation at the time of the Final Hearing. After a Family Court Judge signs the Adoption Decree, the agency that handles the child's vital statistics records amends the child's birth certificate. This usually requires the completion of some forms and payment of a fee.
If the adoptive parents are not related to the child biologically or by marriage, the process is a bit more complex. Various reports have to be prepared by a certified adoption investigator and an accounting of the expenses incurred for the adoption must be provided.
If the natural parents do not sign a relinquishment of their parental rights, their rights will have to be terminated. The usual reason for the termination is that the parent fails to visit with the child or provide support for a reasonable period of time.

A Name Change is generally a simple matter. For an adult, the Court wants to know that the name change is not being sought for an improper purpose, e.g., to avoid a debt, legal obligation or legal problem. A bankruptcy in the recent past may also preclude a name change. South Carolina law does require a State Law Enforcement Division (SLED) criminal background check and a check to confirm that you are not listed on the Department of Social Services' Central Registry.
The background check is not necessary if the name change is sought in the context of a divorce action.
For a minor child, a Guardian Ad Litem is appointed since a name change is a legal procedure that could affect the minor child's rights; however, the Guardian Ad Litem's investigation is not as extensive as in other legal actions involving children. Procedurally, a Complaint is filed, interested parties are served and a brief Final Hearing is held.

There is no set formula for determining is someone is entitled to alimony. Temporary alimony can be awarded at a Temporary Hearing at the beginning of a Family Court action. Various forms of alimony can be awarded at a Final Hearing, including Lump Sum, Rehabilitative, Reimbursement or Periodic, which can be permanent or for a fixed period. Some of the factors the Court will look at in awarding Alimony are the length of the marriage, the requesting party's health, employment potential and contribution to the marriage, the opposing party's ability to pay and various other factors. Please be aware that in South Carolina, if you commit adultery, you are barred from collecting alimony. Since each person's situation is different, an attorney should be consulted about collecting alimony. Alimony can be subsequently modified upon a showing of a significant change in circumstances.

The Family Court can equitably divide the parties' marital assets and debts. This concept is not easy to summarize in a FAQ since each situation is unique, and the Court looks beyond mere ownership of property to determine what each party contributed to the accumulated assets of the marriage. For example, the Court will not just look at who purchased or brought an asset into the marriage, but will also consider whether the other party made a significant contribution to the long term maintenance of the asset or to an enhancement of its value during the course of the marriage. In equitably dividing debts, the Court will look not just at who incurred the debt, but will also consider who benefited from it. Since each situation is unique, a lawyer should be consulted for guidance on these issues.

Mediation is a form of alternative dispute resolution (ADR). It is a way of resolving legal disputes amicably through the use of an impartial third-party. The mediator helps the parties reach an agreement both can live with. A mediator is generally a lawyer, or someone trained in the law, who has received special training and has been certified to act as a mediator.
A Mediator is guided by the law but does not render a legal decision. The guiding principle of mediation is to guide the parties toward a mutually satisfactory resolution of their dispute.
Mediation has proven to be both an effective and cost-effective way to resolve legal disputes. It is common for Family Courts to require that parties try to mediate their disputes before their case can be set for trial. After a settlement is reached, it is generally submitted to the court for approval. At that point, the mediated settlement becomes a binding court order.

A Guardian Ad Litem, generally an attorney, is appointed by a Court to represent a person under a legal disability. Such people include minor children in custody actions or name changes, a person with a mental illness or impairment or an incarcerated individual. The Guardian Ad Litem does not necessarily advocate for what the client wants. Instead, the Guardian Ad Litem makes sure that the client's legal rights are protected and best interests served. The Guardian Ad Litem provides a professional service for which payment is made. For more specific descriptions of the Guardian Ad Litem's duties in different kinds of cases, See the Child Custody, Name Change, Adoption and Guardian and Conservatorship FAQs.

With the aging of the population, this is an area of the law that has become ever more important. Often, because of Alzheimer's disease or other mental impairment, a parent or other family member is unable to take care of their personal needs or financial affairs. Unless the incapacitated family member executed a power of attorney or health care power of attorney while competent, concerned family members may not be able to act on the incapacitated family member's behalf. At that time, a family member would have to petition the Probate Court to be appointed as a Guardian and Conservator.
A Guardian ensures that the physical and medical needs of the incapacitated person are being met. A Conservator ensures that the incapacitated person's financial affairs are in order and property protected.
A Guardian and Conservator case can be procedurally involved. The incapacitated person must be examined by two examiners appointed by the Court to verify the incapacity and a Guardian Ad Litem/Attorney is also appointed to represent the incapacitated person. The Guardian Ad Litem/Attorney makes sure that the incapacitated person's rights are protected. A Visitor is also appointed to visit the incapacitated person in his or her home environment and prepare a report. The designated examiners, Guardian Ad Litem/Attorney and Visitor are all qualified professionals who provide professional services that are paid for out of the incapacitated person's assets. This sounds like a complex procedure, but it is necessary because the action results in very real restrictions on the legal rights of the incapacitated person.
A Conservator must provide annual accountings to the Probate Court. Major transactions involving the incapacitated person's property, such as the sale of a home, usually require the Court's approval and must be for the benefit of the incapacitated person.

If a situation is serious enough, the Family Court can authorize an Emergency Hearing, which is then heard as soon as possible, usually within a few days. After the Emergency Hearing is concluded, the normal Family Court procedure outlined in the Domestic Actions FAQ is followed.

All Family Court Orders are enforceable by a Rule to Show Cause. Essentially a Rule to Show Cause requires the party accused of not obeying an Order to appear in court and explain their failure to obey. If the party is found in willful contempt of an Order, the party may be incarcerated, charged a civil fine or required to do public service employment. The party can purge him or herself of contempt by coming into compliance with the Order; however, the party will generally also be ordered to pay the other party's attorney fees and court costs. All issues addressed by a Family Court Order are enforceable by a Rule to Show Cause. Although the Rule to Show Cause can have a punitive effect, its primary purpose is to gain compliance of the Order, not punishment.

An award of attorney fees is within the power of the Family Court. Factors that the Family Court looks at in making this decision include, but are not limited to, the favorable results you receive, the misconduct of the opposing party, and the ability of the opposing party to pay.