January 29th, 2024
This is another blog inspired by last Friday’s guardian ad litem training. As I enter my fourth decade of practice and acknowledge that my legal career is half over (likely two-thirds over), I find myself increasingly agitated by certain trends I perceive in family law. I want to resist becoming the old man shaking his […]
Read MoreJanuary 29th, 2024
South Carolina’s annual guardian ad litem training, which took place last Friday, always inspires at least a few blogs. It did again this year. During the closing Q&A, a participant asked if any of the guardians on the lecturer panel found it noteworthy when one parent referred to the other parent’s home as “dad’s house” […]
Read MoreApril 21st, 2023
This week, for the second time in four years, the South Carolina appellate courts published an opinion noting it is generally “ill-advised” for the family court to bifurcate trials. Both times, this criticism was in the context of common-law marriage litigation. To the extent such bifurcation creates procedural headaches for the appellate courts, that could […]
Read MoreApril 14th, 2022
It amazes me how unseriously many folks subject to South Carolina child custody orders take the requirement of those orders. Per S.C. Code Ann. § 63-3-620: An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this title, may be proceeded […]
Read MoreFebruary 1st, 2022
Because South Carolina’s De Facto Custodian statute and Grandparent Visitation statute both allow the family court to award visitation to non-parents, they are often viewed as similar. However experience shows that South Carolina’s De Facto Custodian statute is valuable but the most recent iteration of its Grandparent Visitation statute remains a menace. While these two […]
Read MoreNovember 24th, 2021
Given the phone calls I receive from prospective clients, it appears that many more folks are aware of the concept of grandparent rights than they are of de facto custodian rights. A sizeable portion of grandparents who call me seeking time with their grandchildren would also qualify as de facto custodians. For both legal and […]
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