Posts Tagged ‘Child Custody Modification’

Is the lack of a set notice requirement in the UCCJEA a feature or a bug?

In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated statute was largely an improvement. It includes limitation upon the exercise of “emergency jurisdiction” so that an emergency cannot be used to give a state permanent jurisdiction. It provided powerful […]

The difficulties relocating with children merely because the stepparent is moving

Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse moves they and the children will move. Rarely do they consider the difficulties they might encounter with the other parent if they wish to relocate merely because their own spouse […]

A child custody reversal that should have been published (and remanded rather than reversed)

Child custody determinations are among the hardest family court matters to get reversed on appeal. Because custody decisions are based upon the weight the trial judge places on sixteen listed factors and a seventeenth catch-all factor, and because so much of the weighing of these factors can be based on the judge’s credibility determinations, appellate […]

Litigating child custody does not, by itself, create personal jurisdiction for child support

Due to an increasingly mobile society, child custody litigation often moves to different states over a child’s minority. When both parents and the child no longer live in the state that issued the most recent child support order, or when the issuing state declines modification jurisdiction because the child has been absent from the state […]

Shared custody parents should date locally

One of the more heart wrenching consults I commonly encounter is when a primary caretaker mother who agreed to shared physical custody has fallen in love and married, or plans to marry, a man who is required to live elsewhere. [1]  These mothers assume they will be allowed to alter the shared custody arrangement and […]

Court of Appeals reverses custody modification based on family court’s inadequate factual findings

In the May 30, 2012 opinion in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the South Carolina Court of Appeals reversed and remanded the family court’s custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances. Father filed this custody modification case involving the […]

Should child custody be revisited every few years?

There was a thoughtful Op-Ed piece in the May 20, 2012 New York Times titled “In Whose Best Interests?” by Ruth Bettelheim, a marriage and family therapist.  Ms. Bettelheim argues that child custody should be revisited every two years and that children’s voices should be given much greater weight in deciding their custody. The example she […]

Common misconceptions about multi-state custody jurisdiction

At least a few times each month I receive a phone call or email from someone involved in a multi-state child custody case.  Since I deliberately restrict my practice to South Carolina, generally these folks get referred elsewhere.  However in communicating with these multi-state custody litigants, I perceive that they are frequently receiving inaccurate information, […]

 

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