Last August I posted a word document containing a checklist of questions that can derail a custody or visitation case. Being informed recently by a colleague of a case in which a client’s interest in incest porn derailed that client’s visitation case, I have added another question (#24) to the list. Who knew?
Posts Tagged ‘Child Custody’
A college student, interested in a career in family law, interviewed me earlier this week for a school project. Mostly he asked questions related to family law and one of his questions expressed a common assumption: Why do mothers get custody? This isn’t an inaccurate assumption. Mothers get custody more often than fathers–although not nearly […]
Can anyone explain the Court of Appeals’ thought process in what family law decisions it will publish? On April 8, 2015, mere weeks after deigning to publish two TPR reversals that both involved novel legal issues, it published its first family court opinion of 2015 (not counting a revised opinion in Srivastava v. Srivastava) in […]
I tried a custody case last month in which I learned a few weeks prior to trial that my client was using marijuana approximately once a month. What had previously seemed a strong case for custody no longer was. While many of the issues that can derail a South Carolina custody case seem pretty obvious, […]
I have a fundamental jurisprudential difference with most of my family law colleagues and many of the state family court judges regarding how one should deal with misbehaving stepparents in custody litigation. Their typical response is to join them as parties and subject them to restraining orders. My preferred response is to make parents strictly […]
One of my oldest and dearest friends was awarded custody of his two children and kept custody until they emancipated. Not only was he openly using marijuana during that time, he was also openly growing it and selling it. He did not live in South Carolina. Along with exposing children to non-marital sexual relationships, nowhere […]
I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process. This is because allowing such hearings to proceed on affidavits alone–and affidavits that do not have to be exchanged until the temporary hearing–do not allow parties to prepare to defend the allegations or confront the witnesses against them. The November […]