Archive for the ‘Geography:’ Category

A client’s tolerance for uncertainty is a consideration in settlement negotiations

There’s a theory that our modern world offers us so little exposure to pathogens that our autoimmune systems overreact to things like pollen and peanuts, causing a massive increase in allergic reactions to relatively benign substances. On a level of culture I see something similar playing out with the human ability to tolerate risk. Evolved […]

Mediator or messenger

During the past few weeks two attorneys I greatly respect have conducted mediations for my clients. One mediator settled every single case, often in circumstances in which I thought reaching settlement would be difficult. The other attorney failed to obtain a settlement in a case that frankly should have settled without much difficulty. This had […]

Recent Workers Compensation opinion may impact child custody cases

The June 6, 2018 Court of Appeals opinion in York v. York addresses the issue of who is a dependent for the purpose of benefits under South Carolina’s Workers Compensation Act. In doing so, it analyzing an issue that may impact child custody cases. In York, Yvonne Burns sought dependancy benefits from the Workers Compensation […]

Court of Appeals finds standing for paternal grandparents to obtain custody when mother is unfit

Given a culture that expects parents to be responsible for raising their children, the law has developed that fit parents should (with the limited exceptions of defacto custodians or psychological parents) defeat the custody challenges of non-parents. Just last month, in Urban v. Kerscher, the Court of Appeals returned custody to a fit mother who […]

Crossing the Rubicon

Per wikipedia, during the Roman republic, the river Rubicon marked the boundary between the Roman province of Cisalpine Gaul to the north-west and Italy proper (controlled directly by Rome and its allies) to the south. Governors of Roman provinces were appointed promagistrates with imperium (roughly, “right to command”) in one or more provinces. The governor […]

Sealing records when private custody cases reference past child protective services involvement

While the general principal is that court records are open to the public, information from child protective services cases are not. Thus conflicts develop between the general rule of open records and the prohibition against revealing child protective services information. Twice in the past month I have been involved in a private custody case that […]

Court of Appeals applies Moore factors and returns child to mother

The May 23, 2018 Court of Appeals opinion in Urban v. Kerscher reverses a Family Court’s continuation of custody to third parties and returns the child to Mother. In 2014 Mother placed her daughter with Leo Kerscher and Mary Crew to pursue and secure a permanent home and employment in Pennsylvania. She originally intended this […]

Vacating court approved agreements

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer to that request is that “you can’t.” The “court will not entertain appeal from an order issued with parties’ consent.” Hooper v. Rockwell, 334 S.C. 281, 513 S.E.2d 358, 363 […]

 

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