Archive for the ‘Of Interest to General Public’ Category

In disputes between biological parents and third-parties, we don’t want decisions to be based on “the best interests of the child”

A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year-old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a “best interests of the child” standard is applicable.  For custody cases [...]

WTF does the restraint against exposing minor children to “age inappropriate entertainment” actually mean?

I sometimes think there is some hidden law titled, “The South Carolina Family Law Attorney Full Employment Act,” which requires family court judges to issue child-related restraining orders so vague that, in theory, an infinite number of attorneys could spend an infinite amount of time arguing about whether that restraint has been violated.  Such is [...]

The Citadel sexual abuse cover up(s)

I find myself in an awkward position in which my friend, Charleston Post & Courier reporter Glenn Smith, is investigating and writing about a colleague and former office mate, Citadel General Counsel, Mark C. Brandenburg.  Glenn’s an outstanding reporter, investigating and breaking numerous important local stories that are too small to interest the national media. [...]

Thank you

I opened my law practice exactly eighteen years ago today.  Unlike many of the young attorneys I admire, such as Jenny Moser, T. Ryan Phillips or Anna Galle, it wasn’t a first choice but more of a last resort.  I’d been unhappy in my two previous associate positions and decided not to accept a third associate [...]

One hundred things I don’t know about South Carolina family law

This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer.  None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice.  I have firm opinions on the correct answer to some of [...]

A cuckoo approach to progeny

From a purely pragmatic viewpoint a “successful” life for a sexually reproducing creature is merely having more than two offspring survive to reproductive age.  From this same vantage an “unsuccessful” life is simply having one or fewer offspring survive to reproductive age. Consider the many species of cuckoo birds who are “brood parasites,” laying their [...]

The trials of Douglas Alan Barker

Yesterday, eight years, eleven months and eleven days since I began representing my family law colleague Douglas Alan Barker, I closed his file after successfully regaining him sole legal and physical custody of his younger daughter and setting mother’s child support obligation on her income from a high paying job in Nashville.  What a long, [...]

Overnight non-marital romantic companion restraints after Lawrence v. Texas

South Carolina family court judges routinely issue restraints against exposing children to a parent’s non-marital romantic companions overnight. When concerned about appearing to be moral scolds, they justify these restraints as prohibiting the children’s exposure to “illegal behavior.” The specific criminal statutes implicated by such behavior are the prohibitions against adultery (S.C. Code § 16-15-60), [...]