Archive for the ‘Of Interest to General Public’ Category

New Battle for Those on Coronavirus Front Lines: Child Custody

Interesting article in yesterday’s New York Times about parents using the other parent’s occupation [one involving moderate-to-high risk of exposure to COVID-19] to justify emergency relief changing custody or denying visitation. Evidently some family courts are accepting this argument and granting relief on this basis, under their belief that they are protecting children from COVID-19 […]

Some guidance from the South Carolina Governor on visitation in the COVID-19 era

A few weeks ago I blogged about visitation denial in the COVID-19 era, as many of my clients had questions on whether they could deny or demand visitation. More than a few South Carolina parents have used this crisis as a justification to deny visitation. That blog was an acknowledgment of my uncertainty and an […]

The COVID-19 crisis is revealing the selfishness of the anti-vaxxer movement

I’ve never had much tolerance for most of the anti-vaccination parents I encounter practicing child custody law. Not only are their views on vaccinations anti-science and highly selective of discredited research–I see a lot of that these days–but they’ve always struck me as selfish. The public health crisis created by COVID-19 has hardened this view. […]

Visitation denial in the COVID-19 era

COVID-19 is the first airborne global pandemic to take place since the development of specialized family courts in the United States. Never before has mandated social distancing interacted with the awesome contempt powers of family court visitation orders. Thus, I am getting numerous questions about complying with visitation orders from custodial parents who are considering […]

“Force majeure” as a defense to family court contempt

Given the impact on the new coronavirus on South Carolina businesses, I’ve had more than one client ask me about paying court-ordered support obligations at a time when their income has withered. For clients with the savings to cover a few months worth of these obligations, I tell them to keep paying. For clients who […]

Reflections on thirty years of marriage

The main thing that differentiates marriages that end in divorce from those that end when death-do-them-part is the sheer stubbornness of the parties involved…. –that and the access or lack thereof to a handy murder weapon. In my twenty-six years practicing family law, I’ve yet to have a marital dissolution case end in murder–although a […]

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 […]

Wives can pay alimony too

When I first began practicing family law twenty-five years ago it was almost unheard of for South Carolina wives to be ordered to pay alimony. Even when circumstances suggested alimony might be appropriate (high income wife; low income husband staying home with the parties’ children) few took these husbands’ alimony requests seriously. Often these husbands […]

 

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