Archive for the ‘Child Custody’ Category

A second Court of Appeals panel finds family court cannot enforce custody issues decided by arbitration

Argued first but decided second, the December 18, 2019 Court of Appeals opinion in Singh v. Singh confirms what a November 6, 2019 Court of Appeals opinion in Kosciusko v. Parham previously determined: the family court cannot enforce custody issues decided by arbitration. With no judges overlapping on the two three-judge panels, we have a […]

Tomlinson continues the appellate disfavor of joint custody

The November 13, 2019, Court of Appeals opinion in Tomlinson v. Melton continues the appellate court’s disfavor of joint custody. In Tomlinson, the parties entered a custody agreement at the time of their 2011 divorce that gave Father primary physical custody and final decision making authority but gave Mother every other week from Wednesday to […]

South Carolina Court of Appeals holds arbitration orders regarding children’s issues are void ab initio

Many family law attorneys in the Charleston area were awaiting the Court of Appeals decision in Singh v. Singh, which was argued there this February. That appeal was supposed to determine whether child issues in family court could be arbitrated. While many family law attorneys were allowing such issues to be arbitrated, other family law […]

Jurisdiction shopping while pregnant

I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina in an attempt to force her to bear their child in South Carolina–and thus insure South Carolina had subject matter jurisdiction to […]

South Carolina Supreme Court uses grandparent visitation case to reveal its true feelings about duplicitous parents

The October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen would be interesting if it merely tested the constitutionality of South Carolina’s most recent version of its grandparent visitation statute–more on that later. However, this case, which featured a mother who mouthed the proper pieties about encouraging a relationship between her children […]

The guardian’s questionnaire is additional interrogatories

While not thought of as such, the guardian’s questionnaire is akin to additional (child-custody related) interrogatories. As an example, the current questionnaire of a local attorney/guardian, S. Maria Averill, whose work I greatly respect follows: Admittedly such questionnaires are not answered under oath. Still, inaccurate responses or responses that trash the other parent or that […]

The interaction of the De Facto Custodian statute and the Moore factors

There are numerous recurring issues in South Carolina family law that ultimately will need to be resolved by our appellate courts. One of the more interesting ones–because it is both relatively common and extremely consequential–is the interaction of the De Facto Custodian statute and the Moore factors. The Moore factors were created by the 1989 […]

Court of Appeals affirms an unusual and detailed custody arrangement

The May 8, 2019 Court of Appeals opinion in Klein v. Barrett, 427 S.C. 74 828 S.E.2d 773 (Ct. App. 2019), finds the Court of Appeals affirming a very detailed and highly unusual custody arrangement. Kline involved a custody modification brought by (Ex-)Wife. At the time of the parties’ 2010 divorce, (Ex-)Husband had primary custody […]

 

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