Posts Tagged ‘Due Process’

I think they call this chutzpah

The March 27, 2014 Supreme Court opinion SCDSS v. Michelle G., 407 S.C. 499, 757 S.E.2d 388 (2014), addresses a 14th Amendment challenge to South Carolina’s termination of parental rights (TPR) statute, S.C. Code § 63-7-2570(1).  Specifically Mother argued that the term “severity” was unconstitutionally vague in the subsection authorizing TPR when: The child or another child while […]

Should there be automatic de novo review of temporary custody and support orders?

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 […]

Does South Carolina Rule of Civil Procedure 6(d) violate due process?

I recently defended a motion in which the timing of the submitted affidavits has me considering whether South Carolina Rule of Civil Procedure 6(d) violates due process. An opposing attorney filed a motion for sanctions under Rule 37(b)(2), SCRCP, when my clients failed to answer discovery within the deadline set under a prior court order.  As […]

United States Supreme Court finds that indigent defendant is not entitled to appointed counsel for child support civil contempt proceeding but still vacates South Carolina Supreme Court judgment of civil contempt

The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement.  It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to […]