Posts Tagged ‘South Carolina Court of Appeals’

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 […]

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm. Either Spiro Conits is a pants-on-fire liar who is finally getting his just desserts or a foolish litigant […]

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 […]

Possibly correct but poorly reasoned custody and relocation decision from the Court of Appeals

The January 24, 2018 Court of Appeals opinion in Burgess v. Arnold is possibly correct but, in at least three important particulars, poorly reasoned. Burgess stems from Mother’s appeal of a family court order that gave the parties joint custody with her having primary custody over all issue except education. That order required that she […]

Court of Appeals refuses to apply lump sum social security disability auxiliary benefits to pre disability child support arrearage

In the January 17, 2018, opinion in Scott v. Scott, the Court of Appeals refused to apply lump sum social security disability auxiliary benefits to a pre-disability child support arrearage. In Scott, Father had a child support arrearage when he became disabled. He petitioned for, and obtained, a temporary reduction in his child support obligation. […]

Two recent interesting unpublished family law opinions

I rarely blog about unpublished opinions because even when they are interesting, and even when they should have been published, they rarely do anything other than restate legal principals that have been established in published opinions. However two recent unpublished family court opinions make new law–or would make law if they were published and therefore […]

 

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