Archive for the ‘South Carolina Appellate Decisions’ Category

Recent Workers Compensation opinion may impact child custody cases

The June 6, 2018 Court of Appeals opinion in York v. York addresses the issue of who is a dependent for the purpose of benefits under South Carolina’s Workers Compensation Act. In doing so, it analyzing an issue that may impact child custody cases. In York, Yvonne Burns sought dependancy benefits from the Workers Compensation […]

Court of Appeals finds standing for paternal grandparents to obtain custody when mother is unfit

Given a culture that expects parents to be responsible for raising their children, the law has developed that fit parents should (with the limited exceptions of defacto custodians or psychological parents) defeat the custody challenges of non-parents. Just last month, in Urban v. Kerscher, the Court of Appeals returned custody to a fit mother who […]

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 […]

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Unpublished Conits opinion reveals the dangers of lackadaisical litigating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opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm.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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