November 2010

Of Interest to Family Court Litigants

November 24th, 2010

When Parents Seek to Reclaim Custody from Third-parties: <i>Moore</i> & Its Progeny

The following is draft material for a lecture I will be presenting in January, 2011 for the South Carolina Bar’s annual guardian ad litem training.  Suggestions for improvements most appreciated: There are two situations in which non-parents get involved in custody disputes with parents. The first are situations in which the parent has physical possession of […]

Read More

Not South Carolina Specific

November 14th, 2010

Education & teen pregnancy

Anyone who practices family law–and anyone who simply observes our culture–sees the overwhelming correlation between human misery and folks having children they are not emotionally or financially capable of parenting.  Reducing teen pregnancy would ameliorate a range of social problems. Two recent articles in our local newspaper, the Charleston Post & Courier, highlight the issues […]

Read More

Of Interest to Family Court Litigants

November 11th, 2010

The best gift I ever gave my children

From guest blogger, Thomas F. McDow of the Law Office of Thomas F. McDow in Rock Hill, South Carolina I knew I had a problem. It was the summer of 1981. My children were ten, eight, and six.  Under our joint custody arrangement, they spent the school year with their mother and most of the […]

Read More

Of Interest to Family Law Attorneys

November 11th, 2010

Court of Appeals decision in <i>Mosley</i> addresses child support and equitable distribution issues

The November 10, 2010 Court of Appeals opinion in Mosley v. Mosley, 390 S.C. 524, 702 S.E.2d 253 (Ct. App. 2010) reversed the family court’s determinations on child support and equitable distribution and remanding the issue of attorney’s fees.  There was little very novel about the facts in Mosley but the Court of Appeals opinion does […]

Read More

Not South Carolina Specific

November 3rd, 2010

Perverts versus pedophiles: Can the South Carolina family court tell the difference?

I happily represent a number of parents in family court whom the general population would label perverts.   Perhaps this is a result of my growing up in what may have been the most sexually accepting bourgeois society in American history (the San Fernando Valley in the late 1970’s: think Boogie Nights).  There’s a tremendous […]

Read More

Not South Carolina Specific

November 2nd, 2010

United States Supreme Court accepts certiorari on South Carolina child support enforcement case

Yesterday the United States Supreme Court accepted certiorari on the South Carolina case of Price v. Turner,  387 S.C. 142, 691 S.E.2d 470 (2010).  The question Mr. Turner asked the Supreme Court to address was “Whether the Supreme Court of South Carolina erred in holding – in conflict with twenty-two federal courts of appeals and […]

Read More