Posts Tagged ‘Child Custody’

Should a parent’s adultery be per se relevant to child custody?

I’m no social conservative but, contrary to many South Carolina family law attorneys and judges, I believe that a parent’s adultery is almost automatically relevant on the issue of child custody when such adultery demonstrates a spouse’s failure to honor his or her commitment of sexual fidelity to a spouse. South Carolina case law generally [...]

In disputes between biological parents and third-parties, we don’t want decisions to be based on “the best interests of the child”

A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year-old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a “best interests of the child” standard is applicable.  For custody cases [...]

WTF does the restraint against exposing minor children to “age inappropriate entertainment” actually mean?

I sometimes think there is some hidden law titled, “The South Carolina Family Law Attorney Full Employment Act,” which requires family court judges to issue child-related restraining orders so vague that, in theory, an infinite number of attorneys could spend an infinite amount of time arguing about whether that restraint has been violated.  Such is [...]

The custody witness few ever think to call

There are lots of obvious witnesses in a custody case: the child’s teachers; the child’s coaches; the child’s mental health professionals; the parents of the child’s friends; the parent’s adult child(ren).  But the best witness can often be someone that few ever think to call: the parent’s ex-spouse. The nature of family court is that [...]

The trials of Douglas Alan Barker

Yesterday, eight years, eleven months and eleven days since I began representing my family law colleague Douglas Alan Barker, I closed his file after successfully regaining him sole legal and physical custody of his younger daughter and setting mother’s child support obligation on her income from a high paying job in Nashville.  What a long, [...]

Sheila R. appeal provides classic example of how to lose custody by undermining the other parent

A too sizable portion of my practice time is spent counseling custodial parents (typically mothers) not to undermine the other parent.  While part of my counsel is intended to prevent my client from inflicting psychological damage on his or her child, the primary motivation is to prevent my client from undermining his or her goal [...]

Overnight non-marital romantic companion restraints after Lawrence v. Texas

South Carolina family court judges routinely issue restraints against exposing children to a parent’s non-marital romantic companions overnight. When concerned about appearing to be moral scolds, they justify these restraints as prohibiting the children’s exposure to “illegal behavior.” The specific criminal statutes implicated by such behavior are the prohibitions against adultery (S.C. Code § 16-15-60), [...]

Court of Appeals holds mother’s abortion not relevant to custody determination (but 19 year old boyfriend is)

The October 26, 2011 Court of Appeals opinion in Purser v. Owens highlights the problems that result when family court judges see themselves as moral guardians rather than determiners of a child’s best interests. Purser involved an initial custody adjudication of the parties’ autistic child.  The parties were never married and for the first six years [...]