Places Where You Cannot Take Your Concealed Weapon in South Carolina

In South Carolina, even though you may have a CWP, you cannot take your weapon anywhere you choose. You are not allowed to take a concealed weapon in the following places:

(1) law enforcement, correctional, or detention facility;
(2) courthouse or courtroom;
(3) polling place on election days;
(4) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(5) school or college athletic event not related to firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by federal law;
(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
(9) hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises.

S.C. Code Sec.  23-31-215(M)

Rhett Burney
Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616
rdburney@turnerandburney.com

 

When Is a Family Court Final Order Not Final?

South Carolina Court of Appeals overturns a Non-Appealed Final Order

Most of the time once the Family Court in South Carolina issues an order, if no one appeals the order, it becomes the law of the case and cannot be modified.  The only major exceptions, however, are those orders addressing child support, child custody, child visitation, and alimony orders.  These types of orders can always be revisited upon the showing of a substantial change of circumstances.  However, the Court of Appeals in South Carolina recently issued an order which now gives Family Court attorneys something to scratch their head about.  In the case of Ashburn v. Rogers, the Court of Appeals did something that an appeals court usually does not do: it overturned a final order of paternity that was more than 15 years old.  The order made a finding that a man was the father of a child. Even though the man was offered a paternity test at the time, he waived the test and admitted he was the father.  Approximately, 15 years later the man had a DNA test done that showed he was not the father of the child.  He requested that he be relieved of his future child support obligation. Even though he did not appeal the original order finding him to be the father of the child and requiring him to pay child support, the Court of Appeals ruled that it would be inequitable to require him to pay child support for a child that is not his although he admitted many years ago the child was his.

Although fairness probably played out in this case, it now becomes harder to advise clients whether an order is final or not. As lawyers we used to be pretty confident in telling clients that an unappealed order could never be changed. This seems to no longer be true.  Arguably, Ashburn v. Rogers seems to say that the court can overturn orders that were never appealed if they are later determined to be unfair.  It will be interesting to see what other orders are overturned based upon a fairness argument.

Rhett Burney

Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616
rdburney@turnerandburney.com

 

Which States Accept South Carolinas CWP?

 

I’ve been getting a lot of questions about concealed weapons permits.  One question I have received is, “In which states is my South Carolina CWP valid? Here is a list that has reciprocity with South Carolina.

Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, North Carolina, North Dakota, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Tennessee, Virginia, West Va. (21 years of age and older, and Wyoming.

However, remember that even though these states recognize a valid South Carolina CWP, you must still be familiar with another states’ CWP laws, restrictions, and requirements.  Even though you have a South Carolina CWP, you must follow another States law regarding concealed weapons.

Rhett Burney
Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616

What Happens When Someone Files Bankruptcy During a Divorce?

Sometimes during a divorce or custody case, a party may file for divorce.  When this happens it is always wise to get a bankruptcy attorney involved as bankruptcy is a specialized area of the law.  More likely than not you will probably need the assistance of a bankruptcy attorney to help get the case resolved.  Generally, bankruptcy will stop a divorce case from being completed.  However, in some instances the case can continue provided one of the parties asks the bankruptcy court to lift the automatic stay that is put in place whenever bankruptcy is filed.  Nevertheless, bankruptcy will not stop someone’s child support or alimony obligation.  If you are involved in a divorce or custody case, and the other side files for bankruptcy, contact me as soon as possible, so I can advise you on the next steps to take in order to bring a resolution to your case.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com

What is a Power of Attorney?

A Power of Attorney is a document that allows one person to authorize another person or organization to act on that person’s behalf.  For instance, a husband could sign a Power of Attorney which would allow his wife to take care of his financial affairs and other responsibilities in case he is unable or unwilling to take care of his affairs.

So, what happens if you do not have a Power of Attorney?  If you do not have a Power of Attorney and you become physically or mentally disabled to the point that you cannot handle your affairs, then someone like your spouse will have to bring a lawsuit in Probate Court in order to have your spouse appointed as your conservator.  Having to bring this type of legal action is lengthy and expensive.  For instance, a proper Power of Attorney will only cost about $200 while a legal proceeding in Probate Court will cost thousands of dollars.

Do you need a Power of Attorney? Absolutely!  We do not know what tomorrow will bring, but there is a good chance that at some point in our lives we will not be able to take care of ourselves.  Unfortunately, we do not know when that time will come, but it will come.  Good financial planning involves wise preparation.  If you do not have a Power of Attorney, please call me (864) 228-1616) or email me (rdburney@turnerandburney.com), and we can discuss in greater detail the benefits of having a Power of Attorney.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com

CAN SOUTH CAROLINA FAMILY COURT ENFORCE ANOTHER STATE’S CUSTODY OR VISITATION ORDER?

Yes.  In certain circumstances, South Carolina can enforce another state’s custody or visitation order. Of course every case has different facts which will affect how a judge will decide a case.  The best course to take is to schedule an appointment with an attorney to discuss all of your facts, so you will have a better understanding of what to expect in court.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com

CAN ANOTHER STATE CHANGE MY SOUTH CAROLINA CUSTODY ORDER?

There are situations that can arise that would allow another state to change your South Carolina custody order. However, if you plan on moving, you need to first speak with an attorney to discuss your move, so he can tell you what you need to be careful about and to consider before moving. Of course every case has different facts which will affect how a judge will decide a case.  The best course to take is to schedule an appointment with an attorney to discuss all of your facts, so you will have a better understanding of what to expect in court.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com

What happens if you die without a will?

If you die without a will in South Carolina, then the State of South Carolina will determine how your assets will be divided.  If you die without a will you are considered to have died intestate rather than testate (with a will).  If you are married then all of your estate will go to your spouse unless you have children.  People who die leaving a spouse and children will have ½ of their estate go to their spouse while the remaining ½ will go to the surviving child/children.  For those people who are not married and die without a will, their entire estate will go to their children.  If someone dies without children, then their estate will go to their parents.  If there are no surviving parents, then the estate will be divided among siblings and possibly the siblings’ children.

Of course, the easiest and cheapest way to prevent the division of your estate being decided by the State of South Carolina is by having an attorney draft a will.  What few people realize is that it is cheaper to die with a will than to dies without.  Adding one important sentence to a will can save your estate more than what it would cost to have paid an attorney to draft a will.  Call (864-228-1616) or email (rdburney@turnerandburney.com)  today to find out more!  Also, be sure to ask me how you can possibly avoid the entire probate process all together.  I look forward to hearing from you.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com

IF I MOVE FROM SOUTH CAROLINA, DO I NEED TO GET A NEW CUSTODY ORDER FROM THE STATE I AM MOVING TO?

Generally, your South Carolina custody order will be recognized in most states.  However, if you plan on moving, you need to first speak with an attorney to discuss your move, so he can tell you what you need to be careful about and to consider before moving.  Of course every case has different facts which will affect how a judge will decide a case.  The best course to take is to schedule an appointment with an attorney to discuss all of your facts, so you will have a better understanding of what to expect in court.

Rhett Burney
Attorney at Law
rdburney@turnerandburney.com
(864) 228-1616
www.turnerandburney.com
www.rhettburney.com