Archive for the ‘South Carolina Appellate Decisions’ Category

Possibly correct but poorly reasoned custody and relocation decision from the Court of Appeals

The January 24, 2018 Court of Appeals opinion in Burgess v. Arnold is possibly correct but, in at least three important particulars, poorly reasoned. Burgess stems from Mother’s appeal of a family court order that gave the parties joint custody with her having primary custody over all issue except education. That order required that she […]

Court of Appeals refuses to apply lump sum social security disability auxiliary benefits to pre disability child support arrearage

In the January 17, 2018, opinion in Scott v. Scott, the Court of Appeals refused to apply lump sum social security disability auxiliary benefits to a pre-disability child support arrearage. In Scott, Father had a child support arrearage when he became disabled. He petitioned for, and obtained, a temporary reduction in his child support obligation. […]

Supreme Court adds one sentence to the Conits opinion

On January 17, 2018, the South Carolina Supreme Court issued a refiled opinion in the case of Conits v. Conits, modifying the concluding sentence to read as follows: We REMAND to the court of appeals to rule on the merits of the issue and to consider any other issues that arise as a result of […]

2017 again features a dearth of published family court opinions

Since I started this blog in 2009, I have begun the following year with a table listing the prior year’s published opinions and briefly discussing the cases I believed most consequentiiial. Early on I commented on about a dearth of published opinions, such as in 2011 when I “complained” there were “only” thirty-five such opinions. […]

Supreme Court makes it easier for foster parents to adopt

The January 3, 2018 South Carolina Supreme Court opinion in SCDSS v. Boulware makes it easier for foster parents to adopt their foster children. The case distinguishes adoption petitions that predate the Department of Social Services (DSS) placing the child for adoption with petitions that postdate such placements for adoption. In Boulware, the Child was […]

Supreme Court “clarifies” standard of review for family court appeals

The December 20, 2017 Supreme Court opinion in Stoney v. Stoney grants both parties’ petitions for a writ of certiorari, dispenses with further briefing, reverses the Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016) (an opinion that took the Court of Appeals twenty months after oral […]

South Carolina Supreme Court revives application of domestic abuse statute to unmarried cohabitants

On July 26, 2017 the South Carolina Supreme Court, in the case of Doe v. State, remedied the equal protection infirmity of a Domestic Abuse statute that granted protection to opposite sex cohabitants but denied that protection to same sex cohabitants by denying that protection to all unmarried cohabitants. Stuck with language that afforded the […]

Supreme Court finds valuation of Greek farm preserved for appeal–remands issue to Court of Appeals

The November 15, 2017 Supreme Court opinion in Conits v. Conits granted Husband’s petition for a writ of certiorari, dispensed with further briefing, and reversed the Court of Appeals opinion in Conits v. Conits, 417 S.C. 127, 789 S.E.2d 51 (Ct.App. 2016). It remanded back to the Court of Appeals one issue on Husband’s appeal: the […]

 

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