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Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]

When should the family court award grandparent visitation?

There’s some dispute surrounding last week’s blog regarding the wholesale revision of South Carolina’s grandparent visitation statute. Some commenters contend that grandparents should never be awarded autonomous visitation over a parent’s objection. Others believe that court-ordered visitation should be available to grandparents even when the parents are part of an intact household. As I indicated in that […]

South Carolina finally does grandparent visitation rights right

On June 9, 2014 Governor Nikki Haley signed into law House bill 4348 amending S.C. Code § 63-3-530 (A)(33), commonly known as the grandparent visitation statute. The new law is effective immediately. This law makes it much easier for grandparents to obtain court-ordered visitation with their grandchildren. As modified, subsection 33 now authorizes the family […]

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown, 408 S.C. 582, 758 S.E.2d 922 (Ct. App. 2014), reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father […]

Court of Appeals slightly modifies prior published opinion of Teeter v. Teeter

On May 21, 2014 the Court of Appeals slightly modified its prior published opinion in the case of Teeter v. Teeter, 408 S.C. 485, 759 S.E.2d 144 (Ct. App. 2014).  As near as I can tell the only difference is that, rather than simply awarding Husband an additional $31,751.95 in equitable distribution, it remanded the matter back “to […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court’s no-fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault divorce In the extremely odd May 14, 2014 opinion of Mick-Skaggs v. Skaggs, the South Carolina Court of Appeals modified the grounds for divorce from […]

Adult protective services opinion has implications for abuse and neglect cases

The April 30, 2014 South Carolina Supreme Court opinion in the case of In the Interest of Jane Doe, 407 S.C. 623, 757 S.E.2d 711 (2014), provides a rare interpretation of South Carolina’s adult protective services statute and may have implications for South Carolina’s child abuse and neglect statutes. Because the probate court handles the appointment of […]

Why file for separate maintenance when one doesn’t have grounds for divorce?

Separate maintenance is the action one files with the family court when one is no longer living with one’s spouse but one doesn’t yet have grounds for divorce. This occurs when one doesn’t have fault grounds for divorce (physical cruelty; habitual intoxication; adultery) but hasn’t been separated for the one-year period that allows for a […]

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