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April 2009

Not South Carolina Specific

April 24th, 2009

Could the (barely acknowledged) enforcement of social norms in family court custody orders be having a hidden impact on our culture?

Though I have seen no statistics on the subject, I would estimate that between one-quarter and one-half of all children in America will spend some portion of their childhood under the authority of a family court custody order. I base this estimate on current estimates of the percentage of out-of-wedlock births (approximately 30%) and the […]
Of Interest to Family Court Litigants

April 21st, 2009

Did the Supreme Court limit laches too much in defending back alimony and child support claims?

Two recent South Carolina Supreme Court opinions: Ables v. Gladden, 378 S.C. 558, 664 S.E.2d 442 (2008) and Strickland v. Strickland, 375 S.C. 76, 650 S.E.2d 465 (2007) abolished the defense of laches in the collection of back child support or alimony, while authorizing the continued use of a similar defense, equitable estoppel, in such […]
Of Interest to Family Court Litigants

April 21st, 2009

Does the term “custody” cause more problems than it solves?

I am frequently asked by clients or potential clients to explain all the nomenclature that surrounds custody orders: “shared,” “sole,” “joint,” “legal,” “physical,” “primary.” In my view these terms are ill-defined or undefined and I find I cannot give clients clear answers to their questions. I further believe this same flaw causes much child custody litigation to be unproductive or counterproductive because […]

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