Posts Tagged ‘South Carolina Court of Appeals’

Court of Appeals reverses termination of parental rights because child not eligible for adoption

The May 12, 2015 Court of Appeals opinion in SCDSS v. Williams reverses the family court’s decision to terminate Mother’s parental rights to her daughter because Child was not eligible for adoption and therefore the termination was not in Child’s best interests. In Williams, Child came into emergency protective custody in September 2010 after she […]

Court of Appeals affirms custody, property division and fees

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 […]

Two recent unpublished termination of parental rights opinions that should have been published

Within the past week the South Carolina Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent’s parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof. Both cases successfully challenged the statutory ground for termination.  In one of […]

Refiled opinion in Srivastava makes revisions to equitable distribution ruling

On February 25, 2015 the South Carolina Court of Appeals refiled its opinion in Srivastava v. Srivastava. While the refiled opinion makes minor languages changes to the rationales on issues of child support, attorney’s fees, and condonation/adultery, the major revision was made to its equitable distribution award. In the original December 23, 2014 opinion the […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]

Third time’s a charm?

On October 1, 2014, and for a second time, the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs, 409 S.C. 347, 762 S.E.2d 30 (Ct. App. 2014). Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v.  Hogan, 410 S.C. 120, 763 S.E.2d 219 (Ct. App. 2014), is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over […]

Court of Appeals affirms strict compliance with adoption consent requirements

The August 4, 2014 Court of Appeal opinion in Brown v. Baby Girl Harper, 409 S.C. 470, 761 S.E.2d 779 (Ct. App. 2014), affirmed a family court’s decision not to terminate a birth mother’s parental rights because the executed consents to the adoption were not properly witnessed. The attorney-witness was not in the room when […]