Practice Areas
Child Custody Guardian ad Litem
In cases involving child custody, the Court will usually appoint a Guardian ad Litem to protect the interests of any minor children. The Guardian ad Litem will be paid on an hourly basis for all time spent working on the case, and the Court will establish (a) the retainer amount, (b) his/her hourly rate, and (b) what percentage will be paid by each party. The Guardian ad Litem's role is investigate the allegations made by each party, interview the child and other relevant witnesses, and advocate for the best interest of the child at any hearings. The Guardian ad Litem is prohibited from making any specific recommendations to the Court (unless asked by the Court to do so, which very rarely occurs). However, if the Guardian ad Litem is skilled, his/her actions throughout the course of a case can have a significant impact on its outcome.
Jenny Stevens explains what you can expect if she has been appointed as the Guardian ad Litem in your custody case:
When the Court appoints me as a GAL in a contested custody case, I am notified of the appointment by one or both of the attorneys in the case. Once I receive your specific case information and your contact information, my office will mail you a letter detailing the GAL interview and investigation process.
Included with this letter is an Initial Parent Questionnaire for you to complete and return to me as soon as possible. The questionnaire is extensive and allows you the opportunity to provide me with the details of your marriage/relationship, the child or children involved, and any concerns or issues you feel deserve my attention throughout the case.
Next, we will schedule a convenient time for us to meet for an initial interview. I schedule these interviews for ninety (90) minutes, but in extreme or very complex cases, this may be extended. Each parent will be scheduled for his or her own private interview. Childcare arrangements should be made for these appointments as these interviews will cover many topics that cannot be discussed in the presence of children.
In all cases, I will schedule at least one home visit to observe the children in the home of each parent. Every case is different and some cases may require that I interview teachers, pediatricians, psychologists, therapists, coaches, neighbors, or other family members about the children or any issue that affects the children.
As your case progresses, I will be asked to produce a report, or sometimes, several reports for the Court. This report will be provided to you through your attorney prior to your final hearing or trial. In private actions, the GAL is not allowed to provide specific recommendations for custody unless asked to do so by the Court, so the report will introduce your children to the Court and outline my investigation and note any issues or facts that may need to be considered by the Court in a final ruling.
The typical hourly rate for GAL appointments is $200.00 per hour. While the Court will set the initial retainer and allowable fee caps, these typically range from $2,000 to $5,000 retainers (split between the parties) and initial fee caps of between $5,000 to $10,000 depending on the complexity of the case.
Child Custody Litigation Consulting
More information coming soon…
Child Custody Mediations
Without a doubt, one of the most difficult things to do during a divorce or separation is to negotiate the terms and conditions governing your life: custody, marital property and debt settlement, alimony, child support, visitation, etc.
Many couples have no experience with such negotiations, and it's important to know that there is no “right way” to handle the process. Each negotiation depends on the specific facts and circumstances of the individual couple involved. These discussions can take place face to face or through lawyers or mediators, and they can range from difficult and emotional to calm and rational.
Experienced South Carolina family law attorneys know that negotiations move along much more smoothly when both spouses are at the same place emotionally. In other words, when both the husband and wife accept that the marriage is over and that moving on is the best option for everyone. The negotiation itself can happen in a variety of ways. Some couples arrive at a rough agreement about the divorce between themselves, only using the lawyers to dot the i's and cross the t's.
However, this is usually not the best course of action, because most couples don't understand the complexities of family law, and some don't even know what issues to discuss. Most times, the smart move is to engage attorneys early in the process and then work with an experienced neutral mediator to limit the friction between the parties. At The Stevens Firm, we offer mediation services by a certified, experienced family law mediator. Oftentimes through mediation, a couple can save thousands of dollars that would otherwise be spent fighting over issues that can be resolved through reasonable negotiations.
Once a settlement has been reached, it is very important that an experienced South Carolina family law attorney draft all the final documents to ensure that they comply with the detailed requirements of the law and accurately reflect the intent of the parties.
Mediation services are billed hourly at $250.00/hour and are scheduled for a minimum of four (4) hours, which must be paid at the conclusion of the mediation.