Archive for the ‘South Carolina Specific’ Category

Getting arbitration awards turned into court orders (or preventing it from happening)

Many of my colleagues are turning to arbitration to resolve family law disputes. Few seem aware that an arbitrator’s award does not automatically become a valid court order. South Carolina’s Uniform Arbitration Act, Title 15, Chapter 48, sets forth procedures to challenge or obtain court approval of an arbitration award. S.C. Code §15-48-120 addresses “Confirmation […]

Building better restraining orders

A few weeks ago I blogged about what I considered ill-conceived child custody restraining orders. These restraints criminalized behavior that, while not ideal, are hardly incarceration worthy (e.g., no vulgarity around the children), criminalized behavior that is completely proper (one could not bring one’s boyfriend/girlfriend to a family reunion even if one slept in separate […]

Illiterate family court attorneys?

Whence came the South Carolina family court habit of pleading for procedural relief in initial pleadings? When I learned to draft pleadings in law school we didn’t plead for procedural relief. When I started my career doing personal injury law, we didn’t plead for procedural relief. If we needed procedural relief we filed motions. Yet, […]

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

Two recent interesting unpublished family law opinions

I rarely blog about unpublished opinions because even when they are interesting, and even when they should have been published, they rarely do anything other than restate legal principals that have been established in published opinions. However two recent unpublished family court opinions make new law–or would make law if they were published and therefore […]

The legislative paternalism of South Carolina’s name change law

When my wife was a social worker at a local hospital she once acted as a case manager for a mother giving birth to twins. That mother had allowed her five year-old son to name the newborns. Thus, there are teenage twins running around the LowCountry with the names “Bubba” and “Mufasa.” No South Carolina […]

Court of Appeals (surprisingly) authorizes reversal of determination of paternity based on father’s fraud claim

Ever since DNA testing became sufficiently accurate to conclusively exclude paternity, there’s been a tension between the goals of establishing paternity with finality and with accuracy.  Previous South Carolina case law has indicated a possibility of overturning prior but inaccurate determinations of paternity.  The August 2, 2017 Court of Appeals opinion in Ashburn v. Rogers […]

Equal protection challenge to domestic abuse statute leaves law in chaos

The July 26, 2017 Supreme Court opinion in Doe v. State has left South Carolina’s Protection from Domestic Abuse [a civil, family court, statute] and Criminal Domestic Violence [a criminal statute] laws in chaos. Doe stems from an equal protection challenge brought a lesbian who sought protection from domestic abuse against her ex-fiancé. That statute, […]

 

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