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Most people will agree that when parents separate and kids are in the picture, it is fair and best for the parents to share their time by agreeing to a joint custody arrangement (also called shared custody). Both parents are equally active in their child’s life and activities, and they are able to co-parent as a team.

It is the co-parenting part that is the hardest for many parents. For some, it is impossible. At least it is at first, when emotions are raw and egos bruised. Believe it or not, there are parents out there who can put themselves aside and truly master this skill of the co-parent. These are often the product of a collaborative divorce, in which each parent chooses to take the high road out of a relationship and focus their attention on the one thing they did right together – their child.

The interesting thing about the family court in South Carolina is that Judges do not grant joint custody. Joint custody is a decision and agreement made by two parents. If you are in a custody battle and standing before a Judge for a decision, you are not going to hear joint custody because you and the other parent are clearly not capable of that sort of co-parenting. And that’s okay, not every parent should be a primary parent. Not every parent should even be a parent. I’m referring to cases of child abuse, neglect, alcoholism, drug abuse, and other such instances when one parent does not meet the fitness standards required to care for another human being. Assuming you are not one of those people (and neither is the other parent), you may be an excellent candidate for joint custody co-parenting.

Joint custody arrangements are almost always negotiated through mediation. Mediation, also known as Alternative Dispute Resolution (ADR), is an excellent way of keeping your case out of the courtroom and coming to an amicable resolution. Horry County, South Carolina is a Mandatory Mediation County, meaning that every single contested family law matter must submit to mediation before it can be resolved. Your attorney might recommend a Mediator or the Court will appoint one to your case. Mediators are attorneys with special training to take an unbiased and experienced approach to resolving your family’s dispute. Mediation can be exhausting and difficult, but if it is successful, it will save you and your family the emotional and financial expense that results from a contested custody trial.

If you are unable to resolve your case through mediation and your case is set for trial you should be prepared that you may not be entirely pleased with your results. Sadly, no one really wins in family court. The precision and control that you and the other parent may have had to craft a suitable agreement in mediation is now in the hands of a Judge and custody will be determined as will visitation. Be prepared that no matter how much you may dislike your former partner, they will almost undoubtedly be granted visitation.

If you are seeking a family court win and want a family attorney in Myrtle Beach who is both compassionate and capable of getting the best results for your family, please call The Mace Firm today.

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Divorce is never easy. What makes it even harder is when there are children involved. It is almost impossible to move forward with a custody battle without hiring a good family lawyer. Luckily most of us can battle custody with privacy; celebrities do not have that luxury. The most infamous celebrity custody battles involve stars like Britney Spears, Pam Anderson and Mel Gibson. Some of these custody battles lasted for years, which was surely not expected by the parties involved.

For instance, Dwayne Wade and his wife separated in 2007. He and his now ex-wife didn't settle their custody dispute until 2011. During the four years of the custody battle, his ex claimed she and their children were subjected to emotional and physical abuse from Wade. Wade was eventually granted custody of their children.

Sometimes a custody battle will bring out the worst in people. During her custody dispute, Britney Spears went through a public melt down and appeared to be mentally unstable so much so that her ex was awarded full legal and physical custody of their two children.

If you or someone you know is involved in a custody battle, call one of the Myrtle Beach family lawyers at The Mace Firm for a consultation.

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In the news lately, there has been a lot of coverage on the child custody drama surrounding actor Charlie Sheen. According to CNN.com, "Authorities removed Charlie Sheen's twin boys from his home after his estranged wife filed a restraining order. Sheen said authorities arrived at his home Tuesday night just as the boys had been put to bed. He said he remained calm and videotaped the entire episode." Charlie may even be accused of being an unfit parent considering the fact that "[he] now shares his home with two girlfriends, whom he calls 'goddesses'. One is a model, the other an actress in pornographic films," CNN.com reports. Sheen has also had multiple run-ins with the law throughout his life, mostly because of his involvement with drugs and alcohol.

Sheen has had a few interviews on television which addressed some of his recent misfortunes. In one of the interviews, he sends a message to his ex-wife and mother of his twin sons, "I want you to reach out to me and tell me where our sons are, I'm sorry you felt it had to be done this way. I think cooler and smarter heads can avail." Family cases such as the heated custody battle Sheen finds himself in can become extremely long and painful for all parties involved. Sometimes, custody cases can be settled through negotiation and mediation. Other times, cases may have to go to trial. This is when you will need to hire a family law attorney.

It is very important to keep your child's best interests in mind throughout this process. Always try to be a good, well-rounded parent. Having arguments and speaking poorly about your ex in front of the children will only have negative effects. You must also remain calm and be truthful at all times and remember to trust your child custody lawyer. If you or anyone you know is involved in a child custody case, call one of the Myrtle Beach family law attorneys at The Mace Firm today.

Continue reading "Charlie Sheen's Custody Battle" »

Attention those couples on the cusp of a break-up, teetering toward a trial separation, in the midst of a split, or on the downward slope of divorce: If you have children, there are some bigger issues than your own heartache to consider.

When relationships are rocky it is important to remember to create the calm and stability your children need, in spite of your own troubles. Granted, it is much easier said than done when emotions run high and kids are asking adult questions. So what are the rules for dealing with the little people in our lives when it is a challenge to be the bigger people ourselves?

Roy T. Stuckey, professor of law at the University of South Carolina and author of Marriage and Divorce Law in South Carolina: A Layperson’s Guide gives some general “do’s and don’t’s” for handling the fragile sensibilities of children:

~ Do tell your children that they are not the cause of the divorce (don’t assume they know)
~ Do reassure them that BOTH parents still love them and that they will still have both parents after the divorce
~ Do give the children your full attention, as difficult as that is under the circumstances
~ Do everything possible to be friendly, collaborative, and accommodating toward your spouse when it involves the children
~ Do NOT say bad things about your spouse
~ Do NOT have arguments in front of the children
~ Do NOT use the children as messengers between you and your spouse about anything to do with the divorce
~ Do NOT use the children as spies to find out what your spouse is doing, thinking, saying, or spending
~ Do NOT ask the children to take sides on any issue
~ Do NOT use the children as counselors or otherwise confide in them about your problems
~ Do NOT use the children as weapons for getting revenge on your spouse
~ Do NOT use the children as leverage or “bargaining chips” in divorce settlement negotiations

If you are going through a domestic case or if you’re just curious about how family law functions in South Carolina, I would highly recommend Mr. Stuckey’s book. While useful for keeping you informed of the process, it obviously cannot replace the sage advice of an aggressive and compassionate family law attorney.

If you are looking for guidance in matters of divorce, child custody, separation negotiations, and even domestic violence, please call The Mace Firm to schedule a consultation. We have attorneys who are skilled in a wide range of family and criminal issues. Our attorneys have active cases on both the state and federal levels and are licensed in South Carolina, Florida, Georgia and New York.

Also, if you are dealing with domestic issues and planning to meet with your attorney, please do not bring your children in with you to your consultation. Regardless of their age, talking with your attorney about your particular adult problems is an adult matter and children should not be exposed to it. If you have no choice but to bring your child into the war zone, please be courteous and call ahead to notify the attorney's office so that they may prepare a separate space for your child to color or read while you do the grown up work. Even if your child is still very young, they can often sense your heartache, distress or anger. Please make every effort to shield them and trust that we at The Mace Firm will make every effort to legally protect you and your loved ones.

Continue reading "Public Service Announcement for Parents" »

Famous Folks in Family Court this Year:
~ Tish & Billy Ray Cyrus –Married 17 years and headed for an achy-breaky break up.
~ Elizabeth & Randy Travis - Married 19 years… guess it’s not forever and ever amen.
~ Brook Mueller & Charlie Sheen – Married just 2 ½ years… a major league 3rd strike for Charlie in the marriage department…
~ Christina Aguilera &Jordan Bratman –married 5 years…it’s not what a girl wants…
~ Courtney Cox & David Arquette – married 11 years… remaining friends?
~ Laura Dern & Ben Harper – married 5 years…failed to find diamonds on the inside?
~ George & Ann Lopez – married 17 years … She gave him her kidney – think she wants it back?
~ Johnathon Schaech and 'One Tree Hill' actress Jana Kramer – not even a month?
~ Kelsey Grammar & Camille - married 13 years … Dr. Crane dismissing wife number 3?
~ Mark Paul Glosser & Lisa Ann Russell - married 13 years – it just wasn’t Zack and Kelly.
~ Morgan & Myrna Freeman – married 26 years – was this one on his bucket list?

It happens.

Divorce. Custody. Visitation. Alimony. Child Support.

These are the conflicts and products of modern relationships among our neighbors, our friends, and even the celebrity elite. To be honest, when we think of Hollywood couples, the terms commitment and time tested do not come to mind. Still, some of the couples listed really surprised me.

Whether you have been in a marriage for one month (like Johnathon Schaech and 'One Tree Hill' actress Jana Kramer) or 30 years, you’re hurting and need someone who can help you through it. And even if you've never married, like Susan Sarandon and Tim Robbins or Goldie Hawn and Kurt Russell, you may need the help of a family law attorney for matters of child custody or support.

If you find yourself in need of an aggressive attorney, one that will focus on you and your family, then call The Mace Firm today.

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Are you a dead-bolt dad?

A dead-bolt dad is a parent - mom or dad - who is being denied access to or visitation with their child(ren), in spite of a custody arrangement granting them these rights. These parents are locked out of their child's life by the other parent's failure to cooperate and follow a custody agreement. These dead-bolt dads and moms need someone who will step in on their behalf and fight to enforce their court order.

Recently, in Salt Lake City, UT, a state representative grew tired of a flawed system that failed to prosecute these outlaw parents and decided to do something about it. State Representative Carl Wimmer acknowledged that this sort of behavior steps beyond the realm of family law and into that of criminal, and has therefore changed the language of Utah Law to reflect that refusing visitation is now a criminal offense.

But elsewhere in the US, the lines remain blurred and dead-bolt parents are left feeling powerless and alone. If you or someone you love is a dead-bolt parent, call the qualified family law attorneys of The Mace Firm. You need someone who knows custody and visitation and has the key to unlock those chains. Don't spend one more moment away from your children. Call to schedule your consultation today.

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One of the most commonly asked questions in a child custody case is how much will child support be. The amount of child support will be based on the South Carolina Child Support Guidelines. Child support takes into consideration both parents gross income and the number of children. Daycare and health insurance is also considered. If one parent does not have a job, minimum wage will be imputed. The South Carolina Department of Social Services Child Enforcement Division has an online child support calculator as well as the actual child support guidelines which lists everything that is considered in child support calculation. This calculator can be used to get an approximate child support amount.

If you are having an issue with child support or child custody, please contact Nicole Mace at The Mace Firm to schedule a consultation.

Continue reading "Calculating Child Support" »

Children are the most valuable assets in a divorce. One of the biggest conflicts in a divorce is deciding who gets custody of the children and how visitation will be determined. When deciding custody it is best to agree without going to court. Making decisions about where the children will live or how much time the children get to spend with each parent can be a daunting task. Knowing that you will not be living with your children all of the time is terrifying.

Our attorneys at The Mace Firm are extremely knowledgeable about South Carolina Child Custody laws and can help you devise a clear schedule for the children as well as the responsibilities of each parent and their role in decision making. If you are facing divorce or child custody issues and need advice, please call The Mace Firm to set an appointment for a consultation with our family law attorney Nicole Mace.

Continue reading "Child Custody" »