Archive for the ‘Jurisprudence’ Category

Does South Carolina divorce law distinguish marijuana use from abuse?

One of South Carolina’s four fault grounds for divorce under S.C. Code §20-3-10 is “Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug.” Hutchinson v. Liberty Life Insurance Co., 393 S.C. 19, 709 S.E.2d 130 (Ct.App. 2011) indicates that marijuana qualifies as a […]

Is merely having a “crush” on another marital fault?

I recently handled oral argument on an appeal that resulted in the unpublished opinion. One unusual aspect of the case was Husband’s focus, and the opinion’s recognition, that, Wife had a “crush” on someone who worked with one of the parties’ children and that Husband learned of this crush when he caught Wife emailing a […]

Smith case reveals judges do more than simply call balls and strikes

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of my attorney friends commented with dismay about the court’s consideration of the Grandmother’s limited income as a factor in allowing Foster Parents (and not Grandmother) to adopt the minor child […]

Should side jobs lead to increased support obligations?

One of the many fundamental unfairnesses in South Carolina’s child support system is that a payor’s increased income almost universally leads to an increase in child support while any decrease in the payor’s income requires the payor to prove he or she (generally he) isn’t underemployed or didn’t suffer the decrease in income due to […]

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 […]

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 […]

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 […]

Equal protection challenge to domestic abuse statute leaves law in chaos

N.B., as anticipated below, the Supreme Court subsequently modified its decision and revived the application of the domestic abuse statute to unmarried cohabitants.  See South Carolina Supreme Court revives application of domestic abuse statute to unmarried cohabitants. The July 26, 2017 Supreme Court opinion in Doe v. State has left South Carolina’s Protection from Domestic Abuse […]

 

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