Archive for the ‘South Carolina Specific’ Category

Third time’s a charm?

For a second time the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs. Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal of the language “accusing Wife of adultery” from the FACTS/PROCEDURAL HISTORY section.

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper. This rapid resolution demonstrates the […]

Shameless plug for Co-Mediation CLE

My better half, Karen Klickstein-Forman, and I will be presenting on The Benefits of Co-Mediation for Family Court as part of the Mediation and Meeting Center of Charleston’s monthly breakfast. This CLE will take place on October 2, 2014 from 8:00 to 9:00 a.m. at Kitchen 208. Attendance is free and it is one hour […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v. Massey is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over their Son. In Massey the parents’ two […]

Supreme Court changes Family Court 365 day benchmark administrative order

On August 27, 2014 the South Carolina Supreme Court issued an administrative order superseding the May 9, 2006 order that set the 365 day benchmark to dispose of family court cases. The new order is more detailed and provides guidance to family law attorneys and litigants. Under the new order, written requests for a final […]

Certificates of service in South Carolina state courts

Many attorneys issue certificates of service (also known as proofs of service) with the motions, orders, pleadings and discovery they issue in filed cases. I sometimes get asked if such certificates are necessary. Except for the summons and complaint they are not. However I have a suspicion why many attorneys still issue them. That suspicion […]

Court of Appeals affirms strict compliance with adoption consent requirements

The August 4, 2014 Court of Appeal opinion in Brown v. Baby Girl Harper affirmed a family court’s decision not to terminate a birth mother’s parental rights because the executed consents to the adoption were not properly witnessed. The attorney-witness was not in the room when the birth mother signed the consent document, and neither […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party contested the fact of one year’s continuous separation and typically the appellate courts will not change the […]