Posts Tagged ‘South Carolina Supreme Court’

South Carolina Supreme Court holds family court improperly denied foster parents’ requests to intervene in removal cases

In the November 6, 2019, case of Cooper v. SCDSS, the South Carolina Supreme Court found that the family court had improperly denied Foster Parents’ requests to intervene in DSS removal actions. The two sets of Foster Parents at issue had placement of Mother and Father’s three children (at the time of trial one set […]

South Carolina Supreme Court uses grandparent visitation case to reveal its true feelings about duplicitous parents

The October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen would be interesting if it merely tested the constitutionality of South Carolina’s most recent version of its grandparent visitation statute–more on that later. However, this case, which featured a mother who mouthed the proper pieties about encouraging a relationship between her children […]

South Carolina Supreme Court finally (and only prospectively) abolishes common-law marriage–and makes it harder to establish retroactive common-law marriages

A decade ago, in a blog titled, “Why won’t South Carolina end common-law marriage?,” I expressed my strong dislike of the doctrine by noting, “cases resolving the issue of whether a couple was married at common-law do not become a ‘quest for the truth’ but instead devolve into determining who is the less convincing liar,” […]

Supreme Court holds order establishing common-law marriage is immediately appealable

The April 3, 2019 Supreme Court opinion in Stone v. Thompson, 426 S.C. 291, 826 S.E.2d 868 (2019), addresses the appealability of final orders from bifurcated proceedings for marital dissolution when a common-law marriage is alleged. Stone filed an action in the family court to establish a common-law marriage and for equitable distribution of marital […]

Supreme Court acknowledges investment income is a factor in awarding alimony but affirms alimony award in which family court declined to set a specific figure for such income

The March 20, 2019, South Carolina Supreme Court opinion in Sweeney v. Sweeney, 420 S.C. 69, 800 S.E.2d 148 (2019), “establishes” something I had assumed was already well established: in setting alimony, the family court should consider investment income available to the parties. After all, the sixth alimony factor is “the current and reasonably anticipated […]

Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption

The May 9, 2018 Supreme Court opinion in SCDSS v. Smith, 423 S.C. 60, 814 S.E.2d 148 (2018), reverses a 2017 Court of Appeals opinion, terminates father’s parental rights, and authorizes the foster parents to adopt the minor child at issue. This case is extremely fact intensive but to summarize: at the time this child was conceived […]

Supreme Court clarifies standard of review on family court appeals (and the Stoney appeal may never end)

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of Appeals to apply the correct standard of review, the Supreme Court issued a revised opinion clarifying that standard of review. The revised opinion, Stoney v. Stoney, 422 S.C. 593, 813 S.E.2d […]

Supreme Court issues slightly modified opinion in Ex-Parte: Carter

On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter, 422 S.C. 623, 813 S.E.2d 686  (2018). It appears to have made three minor changes that do not affect the general ruling. First, it adds a footnote indicating that “the Carters were sent an email […]

 

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