Child Visitation And Records

Summary

In South Carolina, if a parent is denied visitation despite efforts, they may petition the family court. Wellness checks can be requested if theres genuine concern for a childs safety. Detectives may follow up on checks, and its crucial to verify their identity. Medical records obtained via subpoena are confidential and should not be shared without consent. Using different last names on birth certificates is allowed, but consistency in legal documents is important. Authorities can search birth records using various identifiers, even if some details are withheld.

Full Conversation

If a person has never seen a child after many attempts have been made to allow them to see the child, which were all refused, is that grounds for the person who has never seen this baby?
Hi ****! In South Carolina, if a parent is being denied visitation rights despite making reasonable efforts, they may need to petition the family court for visitation. Do you know if there are any existing court orders regarding custody or visitation for this child?
No. If a party refuses seeing a baby after being asked many different times in which they declined would they have the right to request a wellness check be done
Hi ****,
In South Carolina, if someone has concerns about a child's welfare, they can request a wellness check from local law enforcement. However, this should be based on genuine concern for the child's safety or well-being.
Do you have specific reasons to believe the child might be in danger or neglected?
If they refuse to see a baby themselves, how would they have genuine concern for the baby enough to request a wellness check be done?
Hi ****,
I understand your concern. While it may seem contradictory, anyone can request a wellness check if they believe a child is in danger or neglected, regardless of their previous actions. The authorities will assess the situation independently.
Do you have any specific concerns about the child's safety that prompted this question?
what If deputies do a wellness check and the baby was not with me, they asked if she was okay and were she was, I told them, and they left with no issue. A couple days later a detective shows up at my door.
Hi ****,
I understand your situation. It's not uncommon for a detective to follow up on a wellness check, especially if they need more information or clarification. Here are some points that might help:
- **Cooperation:** Always cooperate with law enforcement but know your rights.
- **Documentation:** Keep records of interactions and any court orders or agreements.
- **Legal Advice:** Consider consulting an attorney for personalized legal advice.
Do you have any specific concerns about the detective’s visit?
Is it uncommon for a detective in sex crimes to follow up on a wellness check>
Hi ****,
It's not uncommon for a detective, including those in sex crimes, to follow up on a wellness check depending on the circumstances.
- **Follow-up:** Detectives may investigate further if they suspect any criminal activity or if there are concerns about the child's safety.
- **Documentation:** Continue to document all interactions.
Do you have any specific concerns regarding the detective's visit?
how can I find out what type of detective some one is online?
Hi ****,
To find out what type of detective someone is online, consider the following steps:
- **Official Website:** Check the local law enforcement agency's website for their detective directory or contact information.
- **Public Records:** Look for public records or press releases that mention the detective.
- **Direct Contact:** Contact the local police department and ask for verification.
Do you have any specific information about the detective that could help in your search?
What If I can not find a persons name in a staff directory of someone who claims to be a detective?
Hi ****,
If you cannot find a person's name in a staff directory of someone who claims to be a detective, consider these steps:
- **Verify Credentials:** Contact the local police department directly to verify the individual's credentials.
- **Request Identification:** Ask the detective to show official identification and badge.
- **Seek Legal Advice:** Consider consulting an attorney for further guidance.
Do you have any other concerns about the detective's legitimacy?
If I can't find there name could they just not work there anymore?
Hi ****,
Yes, it's possible that the person no longer works there if you can't find their name in the directory. Here are some steps you can take:
- **Verify with Department:** Contact the police department directly to confirm the detective's employment status.
- **Request Identification:** Always ask for official identification when interacting with law enforcement.
Do you have any specific concerns about this detective that I can assist you with?
If a detective came to my house in street clothes driving a truck with no distinguishing law enforcement type of identification showing and did not introduce themselves as a detective can I get in trouble for lying to them before there was confirmation he actually was a detective hours later?
Hi ****,
In South Carolina, you generally cannot be penalized for lying to someone who did not properly identify themselves as law enforcement. However, lying to law enforcement can have legal consequences once their identity is confirmed.
- **Identification:** Always ask for official identification before providing information.
- **Rights:** You have the right to remain silent and request an attorney.
Do you have any specific concerns about the interaction with the detective?
If a subpoena was granted to a detective for my medical records would I be notified if it was granted or after they receive the medical records
Hi ****,
In South Carolina, if a subpoena for your medical records is granted, you generally would not be notified beforehand. Instead, you would likely be informed after the records have been obtained.
- **Notification:** Notification typically occurs after records are received.
- **Rights:** You can request information about the subpoena from the entity holding your records.
Do you have any specific concerns about the subpoena for your medical records?
What if I have not heard anything from anyone
Hi ****,
I understand your concern about not hearing anything. If you haven't received any updates, consider the following steps:
- **Follow Up:** Contact the entity holding your records to inquire about the status.
- **Legal Advice:** Consult an attorney to understand your rights and potential next steps.
Do you have any specific concerns or questions about your situation?
If I haven't heard anything back even after following up multiple times, then the complaining party gets on a live streams and claims the detective gave her all this information
Hi ****,
I understand your frustration. If the complaining party is publicly sharing information allegedly given by a detective, consider these steps:
- **Verify Information:** Contact the police department to confirm what information, if any, was shared by the detective.
- **Document Evidence:** Keep records of the live stream and any other relevant communications.
- **Legal Advice:** Consult an attorney for advice on how to proceed and protect your rights.
Do you have any specific concerns about the information being shared on the live stream?
If they got my medical records they would not give them to a complaining party would they?
Hi ****,
In South Carolina, your medical records obtained via subpoena should not be shared with a complaining party without your consent. Here are some key points:
- **Confidentiality:** Medical records are protected by privacy laws.
- **Authorized Use:** Only authorized personnel and entities involved in the case should have access.
Do you have any specific concerns about your medical records being shared?
What if the complaining party states on a live stream that there were so many subpoenas that were granted and she knows everything it is that they found because they sent it to her
Hi ****,
I understand your concern. In South Carolina, it would be a serious violation if a complaining party received your medical records without your consent. Here are some steps to consider:
- **Document Evidence:** Record the live stream where the statements were made.
- **Verify Information:** Contact the police department to verify if any information was improperly shared.
- **Legal Advice:** Consult an attorney to understand your rights and potential legal actions.
Do you have any specific concerns or questions about this situation?
If a subpoena was granted for my medical records to verify I had a baby would a detective tell the complaining party that>
Hi ****,
In South Carolina, a detective should not share your medical records or specific details from them with a complaining party without your consent. Here are some key points:
- **Confidentiality:** Medical records are protected by privacy laws.
- **Authorized Use:** Only authorized personnel involved in the case should access the records.
Do you have any specific concerns or questions about this situation?
If there was a subpoena for my medical records and birth records issued to a detective would they tell the complaining party anything?
Hi ****,
In South Carolina, detectives should not share your medical or birth records with a complaining party without your consent. Key points:
- **Confidentiality:** Medical and birth records are protected by privacy laws.
- **Authorized Use:** Only authorized personnel involved in the case should have access.
Do you have any specific concerns about the information being shared?
Can they tell the complaining parties legal cousel
Hi ****,
In South Carolina, detectives should not share your medical records or specific details from them with the complaining party's legal counsel without your consent. Key points:
- **Confidentiality:** Medical records are protected by privacy laws.
- **Authorized Use:** Only authorized personnel involved in the case should have access.
Do you have any other concerns about your situation?
who would be considered authorized personnel
Hi ****,
In South Carolina, "authorized personnel" regarding access to medical records via subpoena typically include:
- **Healthcare Providers:** Those involved in your care.
- **Law Enforcement:** Officers or detectives directly involved in the investigation.
- **Legal Representatives:** Attorneys and parties directly involved in the legal case.
Do you have any other concerns or questions about who can access your records?
What if they don't know where the medical records are at?
Hi ****,
If the entity holding your medical records doesn't know where they are, here are some steps to locate them:
- **Contact Previous Providers:** Reach out to previous healthcare providers who may have your records.
- **Hospital Records Department:** Contact hospitals where you received care.
- **Insurance Companies:** They may have records or know where they were sent.
Do you need help with contacting any specific provider or entity to locate your records?
if the investigator doesn't know where to subpoena for my medical records?
Hi ****,
If an investigator doesn't know where to subpoena for your medical records, they can take the following steps:
- **Contact You:** They may ask you for information about where you've received medical care.
- **Previous Providers:** Investigate previous healthcare providers or hospitals.
- **Insurance Records:** Check with insurance companies for records of medical visits.
Do you have any specific concerns or questions about this process?
what if I didn't file anything with insurance
Hi ****,
If you didn't file anything with insurance, the investigator may need to rely on the following:
- **Direct Inquiry:** They may ask you directly about where you received medical care.
- **Medical Facilities:** They can contact hospitals and clinics where you may have been treated.
- **Medical Records Department:** They may request records directly from medical facilities based on your information.
Do you have any other concerns or questions about this process?
What if I don't tell them?
Hi ****,
If you choose not to provide information about where your medical records are located, the investigator may face challenges obtaining them. However, they could still:
- **Attempt Broad Search:** Subpoena multiple hospitals or clinics.
- **Request Court Assistance:** Ask the court to compel you to disclose the information.
Do you have any other concerns or questions about this process?
What if I had a baby and used a different last name than what mine is
Hi ****,
In South Carolina, using a different last name for your baby does not inherently cause legal issues, but it could complicate matters related to custody, visitation, or legal documentation. Here are some key points:
- **Birth Certificate:** Ensure the baby's birth certificate accurately reflects the chosen last name.
- **Legal Documentation:** Be consistent with the name in all legal documents and records.
- **Court Orders:** Any existing or future court orders should reflect the correct name.
Do you have any specific concerns related to this situation?
If a subpoena was granted for birth records would they look under the mothers name or the baby's name
Hi ****,
In South Carolina, if a subpoena is granted for birth records, they would generally look under the baby's name. However, the mother's name may also be included in the records, so it can be used as an additional reference.
- **Primary Search:** Baby's name.
- **Additional Reference:** Mother's name.
Do you have any specific concerns about the subpoena for birth records?
What if they don't know the babies name
Hi ****,
If they don't know the baby's name, authorities can still search using the mother's name and any other identifying details you provide. Here are some key points:
- **Mother's Name:** Used as an additional reference.
- **Additional Details:** Date of birth, hospital name, etc.
Do you have any other specific concerns or questions about this process?
What if I used my maiden name and they are not aware of that
Hi ****,
In South Carolina, if you used your maiden name for your baby's records and the authorities are unaware, they may have difficulty locating the records. Here are some steps you can consider:
- **Provide Information:** Inform them about the maiden name used.
- **Additional Details:** Offer other identifying information like the hospital or date of birth.
Do you have any specific concerns about disclosing this information?
What if I used my maiden name on my baby's birth certificate even though that is no longer my last name
Hi ****,
In South Carolina, using your maiden name on your baby's birth certificate, even if it is no longer your last name, is generally not a legal issue but may cause complications in certain situations. Here are some key points:
- **Consistency:** Ensure the name is consistent in all legal documents.
- **Legal Documentation:** Be aware it may affect custody or legal matters.
- **Identification:** Use additional identifying details when necessary.
Do you have any specific concerns about the implications of using your maiden name?
I used the father's last name for the baby's last name. My last name currently is married name but I used my maiden name on her birth certificate
Hi ****,
In South Carolina, using different last names for yourself and your baby on the birth certificate can be managed, but it’s important to stay consistent in other legal documents. Here are some key points:
- **Legal Consistency:** Ensure all legal documents reflect the chosen names.
- **Identification:** Use additional identifying details when needed.
Do you have any specific concerns about the implications of these name differences?
If my legal last name is melton which is my married name, I had a baby and listed Culler as my last name on her birth certifictate
Hi ****,
In South Carolina, using different last names on a birth certificate can be managed, but consistency is key for legal matters. Here are some points to consider:
- **Legal Documents:** Ensure all documents reflect the chosen names.
- **Identification:** Use additional details like date of birth and hospital name when necessary.

Do you have any specific concerns about the implications of these name differences?
Where mothers name is listed on a birth certificate, do I have to use my current legal last name or can I use my maiden last name
Hi ****,
In South Carolina, you can use your maiden name on your baby's birth certificate even if it is not your current legal last name. Here are some key points:
- **Flexibility:** You can list your maiden name.
- **Consistency:** Ensure the name is consistent in other legal documents.
- **Identification:** Use additional identifying details when necessary.
Do you have any other specific concerns about using your maiden name on the birth certificate?
What if I do not tell anyone that information? Could they still look up her birth recordws
Hi ****,
In South Carolina, birth records can typically be searched using the child's name, the mother's name, or other identifying information such as the date of birth and hospital name. If you do not provide certain details, it may make it more difficult but not impossible for authorities to locate the records.
- **Search Criteria:** Child's name, mother's name, date of birth, hospital name.
- **Additional Details:** Providing more information can facilitate the search.
Do you have any other specific concerns about how the birth records might be accessed?
What if the Childs name is unknown, my last name listed isn't my current legal last name, and they don't know the hospital name
Hi ****,
In South Carolina, if the child's name, your current legal last name, and the hospital name are unknown, locating birth records can be challenging. Here are some points:
- **Mother's Name:** They can use your maiden name.
- **Date of Birth:** This can help narrow the search.
- **Other Identifiers:** Any other details, like city or county of birth, can assist.
Do you have any other specific concerns regarding accessing these records?
What if I don't tell opposing council any of that information
Hi ****,
In South Carolina, if you choose not to provide any information to opposing counsel, they may face challenges in locating the records. However, they could:
- **Subpoena Broadly:** Issue subpoenas to multiple potential record holders.
- **Court Orders:** Request the court to compel you to disclose the information.
Do you have any other specific concerns about this situation?