Posts Tagged ‘South Carolina Court of Appeals’

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, […]

Hard to win the appeal when you don’t show up for trial

The September 19, 2018 Court of Appeals opinion in Brown v. Odom supports the general proposition that it’s hard to win an appeal when you don’t show up for trial. Brown primarily addresses issues of transmutation and the inclusion in the marital estate of an asset Husband re-deeded to his uncle shortly before Wife filed her […]

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had (admittedly) engaged in a pattern of […]

Applying prior, more restrictive, version of grandparent visitation statute, Court of Appeals still affirms award of grandparent visitation

The September 5, 2018 Court of Appeals opinion in Grantham v. Weatherford addresses the application of South Carolina’s Grandparent Visitation Statute, S.C. Code § 63-3-530(A)(33). However, while granting maternal grandparents (Grandparents) visitation with their grandchildren, it does so under the 2010 amendment to that subsection, which has since been superseded by the 2014 version. Grantham […]

Stoney 2 (or 4) largely follows the original Stoney opinion

The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion. Told by the Supreme Court to review the case on a de novo standard of review, and then told by the Supreme Court to review evidentiary and procedural issues on an […]

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 […]

 

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