Archive for the ‘Child Custody’ Category

Lessons in imputed income from the Court of Appeals

Have some sympathy for Family Court Judge Leslie K. Riddle, whose decision in the case of Marchant v. Marchant was affirmed as modified by the Court of Appeals with Wife successfully challenging one of the numerous decisions by Judge Riddle on whether and how to impute income to the Marchants.  A review of the factual [...]

Calling bullsh*t on custodial parents who let the children decide their visitation

When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.”  Occasionally, and much to my frustration, the judges would sometime accept this [...]

Being the primary caretaker, not discussing litigation with the child, and not harassing the other parent continue to be prevailing factors in custody case

The July 28, 2010 Court of Appeals opinion in High v. High presents little new analysis of custody law.  Mother was awarded custody by the family court and this was affirmed by the Court of Appeals, primarily because it appeared that mother was the primary caretaker of the child, Father had gotten the child involved [...]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file [...]

Not publishing opinions to save the trial court embarrassment

I have been a past critic of the South Carolina Court of Appeals’ failure to publish opinions that do not meet the criteria of S.C. Code Ann. § 18-9-280 for leaving opinions unpublished.  Sometimes I read an unpublished opinion that, to my thinking, clearly doesn’t meet that criteria and the only reason I can figure [...]

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction.  One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons [...]

Applying Family Court Rule 27 to line jump the docket on visitation enforcement

I met with a father earlier this week for a consult.  He mentioned that he had gone five months without seeing his teenage daughter and his rule to show cause to enforce his visitation was scheduled for a pre-trial but hadn’t been set for hearing.  I found the matter distressing.  As I have previous blogged [...]

Joint Custody: It’s how you ask

A lesson instilled as a child by my parents and teachers is that “it’s not just what you ask for; it’s how you ask for it.” The lesson was poorly absorbed as a child (my fault; not theirs) but I am learning it better as I get older.  Nowhere in the practice of family is [...]