When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.” Occasionally, and much to my frustration, the judges would sometime accept this [...]
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Being the primary caretaker, not discussing litigation with the child, and not harassing the other parent continue to be prevailing factors in custody case
The July 28, 2010 Court of Appeals opinion in High v. High presents little new analysis of custody law. Mother was awarded custody by the family court and this was affirmed by the Court of Appeals, primarily because it appeared that mother was the primary caretaker of the child, Father had gotten the child involved [...]
In era of DNA paternity testing, Supreme Court finally (and greatly) weakens presumption of in-wedlock paternity
“The presumption that a child born in wedlock is legitimate, although rebuttable, is one of the strongest known in the law.”Lewter by Epps v. Thompson, 281 S.C. 397, 315 S.E.2d 821, 823 (Ct.App. 1984). Yet, for as long as I have been practicing family law, I’ve expected the Supreme Court to eventually reduce or eliminate [...]
Court of Appeals affirms biased eyewitness testimony insufficient to prove adultery
Today’s Court of Appeals opinion in Kennedy v. Kennedy provides some guidance on proof of adultery, alimony, and apportionment of marital debt. The family court refused to find that Wife committed adultery and the Court of Appeals affirmed. Husband’s evidence of adultery was solely based on three witnesses’ testimony. Two of the witnesses simply testified [...]
South Carolina’s bass-ackwards approach to life insurance to secure support payments
South Carolina’s approach to the requirement of life insurance to secure child support or alimony payments could only have been designed by someone with no appreciation for economics. Through its structure of perverse incentives, we have created a system that generates unneeded controversy, misallocates the cost of this insurance, and practically guarantees an inefficient level [...]
How to draft a family court final order that will get sustained on appeal
This blog contains draft materials for an upcoming lecture and is a work in progress. Suggestions and comments most appreciated. I will probably revise this blog as comments come in. Pursuant to South Carolina Rule of Family Court 26 (a & b): An order or judgment pursuant to an adjudication in a domestic relations case [...]