Archive for the ‘Of Interest to General Public’ Category

For South Carolina spouses seeking alimony, adultery is fatal, attempted murder is not

While driving back from court yesterday I received a telephone call from Buzzfeed asking me about the impact of domestic violence on alimony. The reporter wanted to know whether domestic abusers were more likely to pay alimony. What I informed her about South Carolina alimony had to seem bizarre. The answer to her question about […]

The unfairness of the family court asking litigants if they think their agreement is “fair”

In the South Carolina family court, a standard part of the practice of questioning parties about their agreements before approving said agreements is whether the party believes that agreement is “fair.” If minor children are involved, that process will also include a question about whether the agreement is additionally fair to the parties’ children. Those […]

Smith case reveals judges do more than simply call balls and strikes

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of my attorney friends commented with dismay about the court’s consideration of the Grandmother’s limited income as a factor in allowing Foster Parents (and not Grandmother) to adopt the minor child […]

If you like it, put a ring on it

Within popular culture, the viewpoint on marriage is that it’s something women intensely desire and something men have to be dragged into reluctantly. In this mindset, marriage enables women to raise children with a stable helpmate and source of income while men give up their “freedom” and money while being forced into a life of […]

Should the law differentiate mutual combat from domestic abuse

I recently attended the South Carolina Bar’s annual guardian ad litem training. One of the presenters discussed “Domestic Violence and its Impact on Children.” Her oral presentation, but not her written materials, differentiated two types of domestic violence. The first–and this is not how she labeled it–is what one might think of a low-level mutual […]

2017 again features a dearth of published family court opinions

Since I started this blog in 2009, I have begun the following year with a table listing the prior year’s published opinions and briefly discussing the cases I believed most consequentiiial. Early on I commented on about a dearth of published opinions, such as in 2011 when I “complained” there were “only” thirty-five such opinions. […]

A too broad and too narrow definition of cheating

A few months ago, an attorney friend asking me if I’d ever “cheated” on my wife. Being a legalistic sort, I asked back, “what do you mean by cheating?” He didn’t think it was a question that needed clarification. In this culture, he’s right–which is a shame. A definition that considers all adultery cheating is […]

How fathers who gain custody can keep custody

For reasons having nothing to do with sexism, more mothers than fathers have custody of their children. Often when fathers get custody they have never had the role of equal or primary caretaker of their children. If they gained custody because the mother was unfit (and remains unfit) there is little risk of mother getting […]

 

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