Posts Tagged ‘South Carolina Supreme Court’

I think they call this chutzpah

The March 27, 2014 Supreme Court opinion SCDSS v. Michelle G. 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 residing in the parent’s domicile […]

Supreme Court affirms lower courts’ ruling on transmutation of husband’s business

The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that husband’s premarital surveying business had been transmuted into marital property while modifying the reasoning justifying the decision.  At trial the family court found this business to be transmuted and awarded […]

Supreme Court reverses sexual abuse finding based on improperly admitted forensic child interviews

A split decision in the September 25, 2013 South Carolina Supreme Court opinion in SCDSS v. Pringle, 405 S.C. 608, 749 S.E.2d 301 (2013), reserved a finding that father sexually abused his two daughters, holding the family court erred in permitting the playing of videotape forensic interviews of the non-testifying child victims. Father’s two daughters were interviewed by […]

South Carolina Supreme Court refuses to adopt the “putative spouse” doctrine

In the August 28, 2013 opinion of Hill v. Bell, 405 S.C. 423, 747 S.E.2d 791 (2013), the South Carolina Supreme Court refused to adopt the “putative spouse” doctrine, which allows a party who innocently enters a bigamous marriage to claim the benefits of marriage. Hill came to the Supreme Court as a certified questions from the […]

Sue the cuckolder elsewhere

Cheated-upon spouses occasionally inquire whether they can sue the other man (or woman) for breaking up their marriage.  In South Carolina the answer is no: in 1992 the South Carolina South Carolina eliminated causes of action for alienation of affections and criminal conversation. Russo v. Sutton, 310 S.C. 200, 422 S.E.2d 750 (1992). An August […]

Grasping at straws

Many family law attorneys I know have mixed feelings about the outcome of Adoptive Couple v. Baby Girl.  State and federal laws make it more difficult than necessary for fathers of children born out of wedlock to assert their parental rights: the balance between the right to claim paternity and the imposition of child support […]

In 3-2 decision, South Carolina Supreme Court orders immediate adoption in Indian Adoption case

In a 3-2 decision today [July 17, 2013] in the case of Adoptive Couple v. Baby Girl, 404 S.C. 483, 746 S.E.2d 51 (2013), the South Carolina Supreme Court resolved the remand from the United States Supreme Court by: [R]emand[ing] this case to the Family Court for the prompt entry of an order approving and finalizing […]

Well it seemed obvious to me

I’ve avoided blogging about the June 12, 2013 Supreme Court opinion in Ware v. Ware, 404 S.C. 1, 743 S.E.2d 817 (2013), until remittitur issued, not wanting to jeopardize a victory that’s taken over five years to achieve.  What’s seemed blindingly obvious to me–that once Ms. Ware chose to enter a special appearance and challenge jurisdiction in […]