Archive for the ‘South Carolina Specific’ Category

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 […]

Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption

The May 9, 2018 Supreme Court opinion in SCDSS v. Smith reverses a 2017 Court of Appeals opinion, terminates father’s parental rights, and authorizes the foster parents to adopt the minor child at issue. This case is extremely fact intensive but to summarize: at the time this child was conceived both Mother and Father were […]

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm. Either Spiro Conits is a pants-on-fire liar who is finally getting his just desserts or a foolish litigant […]

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

The May 2, 2018 Court of Appeals opinion of Clark v. Clark is one of the rare published opinions approving true joint physical custody. Further the opinion approves a post-trial reformation of an equitable distribution agreement based upon what the court described as a “clerical error.” The Clark divorce litigation essentially commenced when the parties […]

Supreme Court clarifies standard of review on family court appeals (and the Stoney appeal may never end)

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of Appeals to apply the correct standard of review, the Supreme Court issued a revised opinion clarifying that standard of review. The revised opinion keeps in place the prior holding that […]

Supreme Court issues slightly modified opinion in Ex-Parte: Carter

On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter. It appears to have made three minor changes that do not affect the general ruling. First, it adds a footnote indicating that “the Carters were sent an email in the morning of December 15, […]

 

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