Archive for the ‘South Carolina Specific’ Category

Does the De Facto Custodian statue limit or implicitly overrule Moore v. Moore?

Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the seminal South Carolina case on the factors the court should consider in determining whether to return a child to a parent after that child has lived with a non parent […]

The codification of child custody factors is making encouragement of the other parent’s relationship with the child much more important

When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute should radically alter South Carolina child custody determinations.” My experience and the anecdotal experience of my peer [to date, no appellate opinion interprets or analyzes that code section] indicates that […]

What the guardian should expect from the attorneys/What attorneys should expect from the guardian

The following are materials for an upcoming Charleston County guardian ad litem luncheon.  I am posting them as a blog so that folks can comment.  These materials can also be downloaded as a Microsoft Word file. I often “recycle” lectures, so comments may be used to update the materials. A lot of the bickering between attorneys and guardians […]

Patterns in 2016 Published South Carolina Family Court opinions

For the past six years I’ve done an annual recap of the prior year’s South Carolina published family court appeals. It’s an opportunity for me to observe patterns that I may not have observed in reviewing each published opinion discretely and shortly after its release. After a slow start (two published opinions in the first […]

Insufficient guardian investigation causes Court of Appeals to reverse termination of parental rights

The December 30, 2016 Court of Appeals opinion in SCDSS v. Nelson reversed the termination of Mother’s parental rights primarily because the guardian ad litem had conducted an insufficient investigation. In Nelson, DSS removed Mother’s three children in September 2013 because she was living with her sister in a roach-infested home without running water, lights, […]

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

The issue of what family court orders are immediately appealable can be confusing.  Sometimes final orders need to be appealed immediately, even if that order does not end the case. For example, orders from contempt actions need to be appealed immediately even if the case is ongoing. Arnal v. Arnal, 363 S.C. 268, 609 S.E.2d 821, […]

How to enforce an attorney fee award

A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt through my client’s testimony, she was surprised when I testified first and asked my client very few questions when I called him as a witness. The method attorneys typically use […]

Disciplinary opinion clarifies rules on records subpoenas in family court

#79 on my November 14, 2011 list of “One hundred things I don’t know about South Carolina family law,” reads, “Can one issue subpoenas duces tecum without an order of discovery?” The November 16, 2016 Supreme Court disciplinary opinion in In the Matter of Margaret D. Fabri , 793 S.E.2d 306 (S.C. 2016), answers that question in the […]