In 2012, South Carolina revised its child custody statutes and added a provision requiring proposed parenting plans at temporary hearings. This parenting plan asks each party to propose a bi-weekly, holiday, electronic, and summer visitation schedule, address legal custody, describe requested restraints, and note any other custody concerns the family court should be aware of. […]
Posts Tagged ‘Child Custody’
Whose “morality” dictates what is in the best interests of the child?
South Carolina case law from as recently as May 2018 holds that the morality of a parent is a proper factor for consideration in custody determinations, limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child. The problem with this case law is that it leaves […]
Don’t let your kids become pinball wizards
I have no desire to mine the legislative history to determine when and why some South Carolina legislator decided he needed to save our state’s youth from the evils of pinball. Whatever fears led to the enactment of S.C. Code § 63-19-2430–a model of simplicity which states, “It is unlawful for a minor under the […]
Mere exposure to domestic violence can be a basis to change custody or limit visitation
Some of the most tragic consults I have are with folks who’ve been bullied and abused by spouses or domestic partners and have simply accepted the abuse as though they deserved it. The dynamic of such abuse, and why the abused often stay with their abusers, is better understood than it was when I started […]
Bojilov highlights importance of a good record and accurate financial declarations
The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov, 425 S.C. 161 (S.C. App. 2018), doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to travel with the […]
Should I stay or should I go?
With Hurricane Florence slowly approaching Charleston and with South Carolina’s northeastern coast under a mandatory evaluation order, I’ve spent the past few days with my office closed fielding a number of questions from current clients regarding evacuation and visitation in the midst of unpredictable weather conditions. Most of these questions address visitation issues and my […]
Recent Workers Compensation opinion may impact child custody cases
The June 6, 2018 Court of Appeals opinion in York v. York, 424 S.C. 280, 818 S.E.2d 215 (Ct. App. 2018), 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 […]
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 […]