Archive for June, 2014

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]

When should the family court award grandparent visitation?

There’s some dispute surrounding last week’s blog regarding the wholesale revision of South Carolina’s grandparent visitation statute. Some commenters contend that grandparents should never be awarded autonomous visitation over a parent’s objection. Others believe that court-ordered visitation should be available to grandparents even when the parents are part of an intact household. As I indicated in that […]

South Carolina finally does grandparent visitation rights right

On June 9, 2014 Governor Nikki Haley signed into law House bill 4348 amending S.C. Code § 63-3-530 (A)(33), commonly known as the grandparent visitation statute. The new law is effective immediately. This law makes it much easier for grandparents to obtain court-ordered visitation with their grandchildren. As modified, subsection 33 now authorizes the family […]

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown, 408 S.C. 582, 758 S.E.2d 922 (Ct. App. 2014), reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father […]

 

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