Archive for the ‘South Carolina Specific’ Category

Getting the child’s items returned at the end of visitation

Recently I prosecuted a rule to show cause in which one of my client’s goal was to get her child’s items returned. The father’s visitation had been cut short and he failed to return the child’s clothes and electronics when the visitation ended. Since these were clothes and electronics that my client had purchased, and […]

File an answer at or before the temporary hearing

One of the odd procedural quirks of South Carolina family law is that one can have a hearing seeking temporary substantive relief as part of a family court lawsuit long before the time to file a response to that lawsuit has passed. That is because under Rule 21(a) of the Family Court Rules one can […]

2014 again finds few published family law opinions

While gender roles and marital expectations have rapidly changed during the past 50 years, family law has lagged in its response. Custody, child support, alimony and, to some extent, property division all tend to reflect traditional gender roles and expectations, creating a widening gap between what the average citizen considers just and what a family […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions and (at least to me) an indecipherable analysis on the doctrine of condonation. It continues a recent trend of the Court […]

Supreme Court sets procedures for family court attorney fee awards

The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist sets forth procedures to be used in setting attorney fee awards in family court cases. This opinion recognizes the difficulties of preserving fee award issues when the litigants don’t know the court’s decision on attorney’s fees until the court renders its decision. […]

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, in an order from State ex rel. Wilson v. Condon, 410 S.C. 331, 764 S.E.2d 247 (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, […]

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 […]