Archive for the ‘South Carolina Appellate Decisions’ Category
Posted Wednesday, May 22nd, 2013 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
South Carolina is one of the few states with an explicit right to privacy within the state constitution. S.C. Const. art. I, §10. One of my early legal interests and my first published piece on the law regarded our state’s constitutional protection of the right to privacy. When“Privacy Rights in South Carolina After Singleton v. State” [...]
Tags: Jurisprudence, Privacy Rights, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 10th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The May 8, 2013 Supreme Court opinion in Broom v. Derrick affirmed a termination of parental rights (TPR) despite the appellant Mother having apparently completed the treatment plan from the removal action and being erroneously denied counsel at the beginning of the TPR proceedings. The Child at issue was initially removed from Mother’s care at [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, May 8th, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In a May 8, 2013 substituted opinion in Wilburn v. Wilburn, the South Carolina Supreme Court made minor modifications to its previous equitable distribution decision. While some of the analysis on other equitable distribution issues was modified, the only change in the Supreme Court’s previous ruling was on the equitable distribution of the marital home. [...]
Tags: Equitable Division/Property Division, South Carolina Supreme Court
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 3rd, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The May 3, 2013 Court of Appeals opinion in SCDSS v. Cameron N. F. L. (dig those initials) reversed the termination of parental rights (TPR) of a nine year old special needs child because it found such termination was not in the child’s best interests. Both the factual and evidentiary issues in this case were [...]
Tags: South Carolina Court of Appeals, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support Guidelines on an annual basis. In [...]
Tags: Child Support Modification, South Carolina Court of Appeals
Posted in Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical litigant is that such property is the household furnishings–what a homeowner’s policy might consider “contents.” However, from a purely legal standard, personal property is any property that isn’t real estate. [...]
Tags: Equitable Division/Property Division, Family Court Procedure, South Carolina Court of Appeals, Thomas F. McDow
Posted in Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the March 20, 2013 opinion in SCDSS v. Sarah W., a divided South Carolina Supreme Court reinstated a termination of parental rights and rejected a challenge to the constitutionality of S.C. Code § 63-7-2570(8), which allows parental rights to be terminated when “[t]he child has been in foster care under the responsibility of the [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Friday, March 8th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The March 8, 2013 Supreme Court opinion in Youngblood v. DSS, 741 S.E.2d 515 (S.C. 2013), holds that once the South Carolina Department of Social Services is given the legal authority to place a child for adoption, there is no right to judicial review for parties unhappy with DSS’s decision. In Youngblood, the Youngbloods were foster parents [...]
Tags: Adoption, Department of Social Services, South Carolina Supreme Court
Posted in Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
