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 […]
Archive for the ‘South Carolina Specific’ Category
South Carolina court system partially reopens for business
Late Friday (April 3, 2020), the South Carolina Supreme Court issued an order that will partially reopen the court system for business while continuing to greatly limit public access to the courthouse. While it does not appear that contested trials will resume during this quarantine period, compared to the March 18, 2020 order this new […]
Availability for family court mediations
Given Chief Justice Beatty’s order allowing mediation via videoconferencing, I can mediate family court disputes throughout South Carolina through zoom. Until the courts reopen I am willing to mediate for $250 per hour, including an hour for prep. My current availability is: March 30-31, April 1-3, 6-10, 13-16, 20-24, 27-30, May 1. Please contact me […]
Family court “emergencies” in the COVID-19 era
In a pair of March 18, 2020 orders, South Carolina Supreme Court Chief Justice Donald W. Beatty cancelled all family court terms of court through May 1, 2020, and limited family court proceedings to “emergency matters.” I hear from other attorneys that, with this knowledge, some parents have begun refusing visitation or refusing to return […]
Ninth time’s the charm
On January 16, 2020 the South Carolina Supreme Court denied certiorari in Moore v. Moore, 427 S.C. 26, 828 S.E.2d 224 (Ct. App. 2019). After eight prior published appeals denying alimony termination based upon allegations of continuing cohabitation, Moore is the first “final” published opinion in which a supporting ex-spouse successfully terminated his alimony on […]
Upcoming custody/visitation CLEs
I will be speaking at two upcoming CLEs (and moderating one) being produced by the South Carolina Bar. Both are devoted to child custody and visitation. Attendance is always appreciated, especially for the one I will be moderating. On January 31, 2020, I will be one of the speakers at the Bar’s annual guardian ad […]
2019 Published Family Court opinions summary
After a couple of years mid-decade in which South Carolina’s appellate courts published only six opinions addressing family law, 2019 produced a more robust set of opinions: eighteen, plus a refiled opinion from late-2018. Many of these opinions were highly consequential. Two Court of Appeals opinions, Singh v. Singh, and Kosciusko v. Parham, held that […]
Court of Appeals reverses equitable estoppel defense to past due child support
Continuing a very recent pattern of appellate courts disregarding the family court’s credibility determinations, the December 31, 2019, Court of Appeals opinion in Bauckman v. McLeod reversed a family court finding of equitable estoppel. In Bauckman, the parties reached a court-approved agreement in 2002 that Father would pay $399 per month in child support. In […]