Archive for June, 2012

A lawyer again for twenty-one days

Earlier this month a South Carolina attorney was reinstated to the practice of law after being suspended for six months.  Exactly three weeks later he was placed on interim suspension.  He got to resume being a lawyer for less than a month.  How did this happen? At our most jejune, my colleagues and I (well, […]

Who does South Carolina House Bill 4614 really benefit?

Yesterday two different family law attorneys emailed me seeking my thoughts about the recently-enacted South Carolina House Bill 4614. Since most of the family court legislation that gets proposed never gets passed, I don’t spend my time following proposed family laws. However being informed that the bill had been enacted and being aware that various […]

Supreme Court approves permanent restraint against mother’s exposure of child to convicted sex-offender boyfriend

In the June 20, 2012 decision of Argabright v. Argabright, 398 S.C. 176, 727 S.E.2d 748 (2012), the South Carolina Supreme Court affirmed a permanent restraint against Mother exposing Child to her convicted sex-offender boyfriend [Doe] until the Child turned age eighteen. Mother began dating her boyfriend in 2003.  Four years prior boyfriend pled guilty to […]

Victims of themselves

I have successfully represented and have great sympathy for women who are subject to domestic abuse from their spouses, former spouses, or former lovers.  No one should have to live in fear that an ex-lover will stalk, beat, even possibly kill them.  Humans cannot function in a state of perpetual anxiety: stress hormones essentially consume […]

A great week

I spent Thursday evening at Susan Synter’s going-away party.  It was attended by a bunch of newly licensed attorneys practicing family law, many of whom I am formally or informally mentoring and one of whom just announced she was taking a break from the law and heading to Paris.  We discussed how their careers and […]

Inter-spousal legal claims that survive the marital dissolution action

Except when explicitly reserved, most inter-spousal claims do not survive a divorce or final order of separate maintenance.  If one spouse owes the other money or has some property that the belongs to the other, the possession of that property or the payment on that debt needs to be addressed in the final order.  If […]

Visitation cases have a different focus than custody cases

Typically parents retain me to handle visitation cases, rather than seeking custody, when they have not had much recent contact with their child.  Often such parents are fathers who were never married to the mother and have not lived with the child.  Sometimes they are parents who had visitation terminated or supervised pursuant to a […]

For second consecutive week Court of Appeals reverses and remands family court order due to inadequate factual findings

Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody order due to insufficient factual findings.  On June 6, 2012, in Buist v. Buist, 399 S.C. 110, 730 S.E.2d 879 (Ct. App. 2012), the Court of Appeals reversed and remanded a family […]