Archive for the ‘Audience:’ Category

Tomlinson continues the appellate disfavor of joint custody

The November 13, 2019, Court of Appeals opinion in Tomlinson v. Melton continues the appellate court’s disfavor of joint custody. In Tomlinson, the parties entered a custody agreement at the time of their 2011 divorce that gave Father primary physical custody and final decision making authority but gave Mother every other week from Wednesday to […]

What de novo appellate review is actually doing

I thought it noteworthy when the Supreme Court remanded Stoney v. Stoney, 421 S.C. 528 , 809 S.E.2d 59 (2017), back to the Court of Appeals to apply an even less deferential (to the family court) standard of review for an appeal in which the Court of Appeals had granted the appellant practically everything she […]

Stone v. Thompson is in the books

Updating some of my blogs this morning to include citations to Southeastern Reporter and South Carolina Reports, I realized that the petition for rehearing in Stone v. Thompson, 833 S.E.2d 266 (S.C. 2019), was denied on October 16, 2019. Until a petition for rehearing is denied or remittitur issues, a published opinion is always subject […]

South Carolina Supreme Court holds family court improperly denied foster parents’ requests to intervene in removal cases

In the November 6, 2019, case of Cooper v. SCDSS, the South Carolina Supreme Court found that the family court had improperly denied Foster Parents’ requests to intervene in DSS removal actions. The two sets of Foster Parents at issue had placement of Mother and Father’s three children (at the time of trial one set […]

South Carolina Court of Appeals holds arbitration orders regarding children’s issues are void ab initio

Many family law attorneys in the Charleston area were awaiting the Court of Appeals decision in Singh v. Singh, which was argued there this February. That appeal was supposed to determine whether child issues in family court could be arbitrated. While many family law attorneys were allowing such issues to be arbitrated, other family law […]

Jurisdiction shopping while pregnant

I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina in an attempt to force her to bear their child in South Carolina–and thus insure South Carolina had subject matter jurisdiction to […]

South Carolina Supreme Court uses grandparent visitation case to reveal its true feelings about duplicitous parents

The October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen would be interesting if it merely tested the constitutionality of South Carolina’s most recent version of its grandparent visitation statute–more on that later. However, this case, which featured a mother who mouthed the proper pieties about encouraging a relationship between her children […]

In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees

The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton mostly affirms the family court’s decision on issues of equitable distribution and fees. In Thornton, Husband filed for an adultery divorce after he became suspicions of Wife’s relationship with a co-worker. Custody was highly contested and required the services of a guardian ad […]

 

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