Posts Tagged ‘Adoption’

How many parents can (should) a child have?

My family spent last evening with South Carolina adoption guru James Fletcher Thompson.  James regaled us with stories of the latest trends in assisted reproduction technology.  Evidently even South Carolina is starting to allow not just gay parents to adopt but is even allowing same sex couple adoption (meaning some children have two legal mothers […]

Court of Appeals holds that multi-state child custody jurisdiction statutes are applicable to termination of parental rights/adoption cases

In the March 16, 2012 opinion in Anthony H. v. Matthew G.,397 S.C. 447, 725 S.E.2d 132 (Ct. App. 2012) the Court of Appeals held that the state and federal statutes for determining child custody jurisdiction in multi-state disputes are applicable to adoption cases that require a termination of parental rights (TPR).  Because the South […]

South Carolina appellate courts finally apply the sibling visitation statute (and of course it’s unpublished)

I have a long-held intellectual fascination with South Carolina’s sibling visitation statute, S.C. Code § 63-3-530(A)(44), so much so that I wrote a blog with the partial intent of trolling for potential sibling visitation clients.  And now, a decade after this code section was enacted, our appellate courts finally discuss its application…in an unpublished opinion, […]

In disputes between biological parents and third-parties, we don’t want decisions to be based on “the best interests of the child”

A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year-old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a “best interests of the child” standard is applicable.  For custody cases […]

South Carolina’s new Responsible Father Registry

Beginning January 1, 2010, South Carolina implemented a Responsible Father Registry.  S.C. Code Ann. § 63-9-820.  This registry is designed to allow men who have potentially fathered a child to register as the child’s possible father.  The purpose of the registry is to simplify notice requirements for termination of parental rights and adoptions proceedings. With […]

Former foster parents who declined to adopt child lack standing to bring subsequent adoption proceeding; Judge Lockemy concerned that DSS deceived foster parents

The Court of Appeals’ decision in Michael P. v. Greenville County Department of Social Services, 385 S.C. 407, 684 S.E.2d 211 (2009), has all the makings of an excellent melodrama [government malfeasance; lesbian adoption] buried within a decision over standing–the right of a person to bring a particular lawsuit. In Michael P., DSS placed a child with […]

Minimum contacts personal jurisdiction analysis not applicable to contested multi-state adoption action

The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as it regards multi-state adoption action. In this case the Brookshires, South Carolina residents, were awarded custody of the Blackwells’ children by the Alabama Courts.  The Brookshires then filed an adoption […]

 

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