Archive for the ‘Of Interest to General Public’ Category

It only took forty-five days

When, on October 6, 2014, in Rainey v. Bostic, 135 S.Ct. 286 (2014), the United States Supreme Court denied Virginia’s petition for certiorari in Bostic v. Schaefer, 760 F. 3d 352 (4th Cir. 2014), I predicted “it is only a matter of time–possibly even days–before South Carolina’s ban [on same sex marriages] is found unconstitutional.” Within […]

On the wrong side of history again

Bowing to the inevitable, North Carolina has authorized same sex marriage, leaving South Carolina the last remaining state of the Fourth Circuit to bar such marriages. Today U.S. District Judge Max Cogburn of Asheville struck down the state’s laws restricting marriage to a man and a woman. North Carolina Governor Pat McCrory said the state […]

We could have been more progressive than West Virginia…but no!

Yesterday, October 9, 2014, the South Carolina Supreme Court issued a stay preventing county probate judges from issuing marriage licenses to same sex couples pending a decision by United States District Court Judge J. Michelle Childs in Bradacs v. Haley, 3:13-CV-02351-JMC. That lawsuit challenges the provision of the South Carolina constitution, S.C. Const. art. XVII, […]

South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia. This means it is likely inevitable that all […]

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 […]

Marijuana use and child custody in South Carolina

One of my oldest and dearest friends was awarded custody of his two children and kept custody until they emancipated.  Not only was he openly using marijuana during that time, he was also openly growing it and selling it. He did not live in South Carolina. Along with exposing children to non-marital sexual relationships, nowhere […]

This is why we do what we do

I received an email from a recent client this weekend which concluded: On a better note I just took [my son] to disney world and the florida keys. ten days camping out of a pickup with a cap living the good life all for $1500 and half of that was gas. thank you so much […]

Should there be a uniform waiting period for a no-fault divorce?

I rarely blog on proposed family law legislation.  Often legislation fizzles to nothing: in my twenty years of practice bills to abolish common law marriage or reform alimony had gone nowhere.  Other times bills become radically altered during the legislative process.  Within the past few years a bill to make grandparent visitation more uniform ended […]