Posts Tagged ‘Child Custody’

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov 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 child to Bulgaria, alimony, equitable distribution, […]

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 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 […]

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 […]

Three methods of reducing the impact of an unfavorable guardian ad litem report

The typical response of an unhappy litigant to an unfavorable guardian ad litem report is to accuse the guardian of bias. While in rare instances the guardian is actually biased, more often the report is fairly accurate (reports, being the product of human beings, are rarely perfectly accurate) and the litigant is simply unhappy with […]

Passports and child custody

I know family court judges who don’t have passports and am frankly shocked–until you experience foreign cultures its hard to truly understand that radically different approaches to parenting other than the current American middle-class norm might be effective (and might not be potentially abusive). The world is diverse and increasingly interconnected. Children who don’t get […]

 

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