Posts Tagged ‘South Carolina Supreme Court’
Posted Wednesday, May 22nd, 2013 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
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South Carolina is one of the few states with an explicit right to privacy within the state constitution. S.C. Const. art. I, §10. One of my early legal interests and my first published piece on the law regarded our state’s constitutional protection of the right to privacy. When“Privacy Rights in South Carolina After Singleton v. State” [...]
Tags: Jurisprudence, Privacy Rights, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 10th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The May 8, 2013 Supreme Court opinion in Broom v. Derrick affirmed a termination of parental rights (TPR) despite the appellant Mother having apparently completed the treatment plan from the removal action and being erroneously denied counsel at the beginning of the TPR proceedings. The Child at issue was initially removed from Mother’s care at [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, May 8th, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In a May 8, 2013 substituted opinion in Wilburn v. Wilburn, the South Carolina Supreme Court made minor modifications to its previous equitable distribution decision. While some of the analysis on other equitable distribution issues was modified, the only change in the Supreme Court’s previous ruling was on the equitable distribution of the marital home. [...]
Tags: Equitable Division/Property Division, South Carolina Supreme Court
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the March 20, 2013 opinion in SCDSS v. Sarah W., a divided South Carolina Supreme Court reinstated a termination of parental rights and rejected a challenge to the constitutionality of S.C. Code § 63-7-2570(8), which allows parental rights to be terminated when “[t]he child has been in foster care under the responsibility of the [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Friday, March 8th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The March 8, 2013 Supreme Court opinion in Youngblood v. DSS, 741 S.E.2d 515 (S.C. 2013), holds that once the South Carolina Department of Social Services is given the legal authority to place a child for adoption, there is no right to judicial review for parties unhappy with DSS’s decision. In Youngblood, the Youngbloods were foster parents [...]
Tags: Adoption, Department of Social Services, South Carolina Supreme Court
Posted in Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, February 21st, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion. For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues. The appeal stemmed from a divorce action in a [...]
Tags: Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, South Carolina Supreme Court, Transmutation
Posted in Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, January 30th, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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Some of the more cryptic opinions to come out of the South Carolina Supreme Court simply state “We granted a writ of certiorari to review the court of appeals’ decision in [case name]. We now dismiss the writ as improvidently granted.” Between the request for certiorari and such brief dismissals, the petitioner and his or [...]
Tags: Alimony Modification, Certiorari, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders. Here the family court issued a temporary order requiring Husband to vacate the marital home. Husband refused to do so [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, South Carolina Appellate Court Rules, South Carolina Supreme Court, Supersedeas
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
