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September 2010

Adoption/Termination of Parental Rights

September 22nd, 2010

Monthly visits and small gifts sufficient to prevent termination of parental rights says Court of Appeals

Note: this decision was later reversed by the South Carolina Supreme Court.  See, Supreme Court grants termination of parental rights, finding mother’s failure to support was “willful” Today’s 2-1 decision in SC Department of Social Services v. M. R. C. L., 390 S.C. 329, 701 S.E.2d 757 (Ct. App. 2010), reversed a family court ruling terminating […]
South Carolina Specific

September 16th, 2010

Should having sex, or even spending nights, with one’s spouse prevent a one-year’s continuous separation divorce?

South Carolina law allows spouses to obtain a divorce when they “have lived separate and apart without cohabitation for a period of one year.” S.C. Code Ann. § 20-3-10(5).  Based primarily upon what I hear anecdotally, I suspect if you asked South Carolina family court judges whether they could grant a divorce on this ground […]

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