Posts Tagged ‘Jurisdiction’

Jurisdiction shopping while pregnant

I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina in an attempt to force her to bear their child in South Carolina–and thus insure South Carolina had subject matter jurisdiction to […]

Court of Appeals finds prenuptial agreement only partially limited family court’s jurisdiction

The March 26, 2014 Court of Appeals opinion in Meehan v. Meehan, 407 S.C. 471, 756 S.E.2d 398 (Ct. App. 2014) determined that the Meehans’ prenuptial divested the family court of jurisdiction for some issues but not the issue of attorney’s fees as it related to child custody and support. Prior to their marriage, the Meehans entered […]

Well it seemed obvious to me

I’ve avoided blogging about the June 12, 2013 Supreme Court opinion in Ware v. Ware, 404 S.C. 1, 743 S.E.2d 817 (2013), until remittitur issued, not wanting to jeopardize a victory that’s taken over five years to achieve.  What’s seemed blindingly obvious to me–that once Ms. Ware chose to enter a special appearance and challenge jurisdiction in […]

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 […]

Correct result, questionable rationale on multi-state child custody jurisdiction appeal

In 2007 South Carolina substituted the Uniform Child Custody Jurisdiction Act (UCCJA) for the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). S.C. Code Ann. § 63-15-300, et seq.  The change was intended, in part, to correct a few loopholes in the power of courts of one state to take jurisdiction and modify another state’s […]

 

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