Posts Tagged ‘Jurisprudence’

Smith case reveals judges do more than simply call balls and strikes

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of my attorney friends commented with dismay about the court’s consideration of the Grandmother’s limited income as a factor in allowing Foster Parents (and not Grandmother) to adopt the minor child […]

Should side jobs lead to increased support obligations?

One of the many fundamental unfairnesses in South Carolina’s child support system is that a payor’s increased income almost universally leads to an increase in child support while any decrease in the payor’s income requires the payor to prove he or she (generally he) isn’t underemployed or didn’t suffer the decrease in income due to […]

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

Was there wisdom in the “tender years” doctrine

There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such gender based classifications cannot survive strict scrutiny as there is no “compelling governmental interest” that favors mothers over fathers in determinations of infant custody and, even if there were, a […]

It’s called vigilantism

Of all of my blogs the one that has generated the most comments is Calling bullsh*t on custodial parents who let the children decide their visitation. Many of the comments come from non-custodial parents who believe they have been alienated from their children by the custodial parent. They applaud this blog. Many of the comments […]

The risk of sending South Carolina family law clients to counseling

Many family law clients in the initial stage of custody or divorce litigation could benefit from counseling. Whether it is developing better coping methods for handling the stress of separation and litigation, learning how to better communicate with a co-parent, or learning how to better handle conflict with an estranged spouse or co-parent, the skills […]

Why family law in South Carolina is so underdeveloped

South Carolina family law attorneys frequently complain about the random nature of family court. A large part of the reason for this “randomness” is that South Carolina family law invests so much discretion in family court judges. The one area of family law in which judges have little discretion–setting child support–is the most predicable aspect […]

What ever happened to comity?

I am beginning to pity the South Carolina Court of Appeals. For the third time in less than two months the South Carolina Supreme Court has directed the Court of Appeals to depublish one of its opinions–this time on April 9, 2015 in the case of State v. Starks, 410 S.C. 580, 765 S.E.2d 148 (Ct. […]

 

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