January 5th, 2022
The January 5, 2022, Supreme Court opinion in Swain v. Bollinger, 435 S.C. 280, 866 S.E.2d 923 (2022), reversed a family court and Court of Appeals’ denial of a termination of father’s parental rights and granted maternal grandfather his request for adoption. In Swain, Grandfather, after learning his daughter and the child’s father were using […]
Read MoreSeptember 26th, 2021
On September 22, 2021, a unanimous South Carolina Supreme Court reversed the Court of Appeals and reinstated a family court’s granting of a termination of parental rights (TPR)/adoption in the case of Stasi v. Sweigart, 434 S.C. 239, 863 S.E.2d 669 (2021). The primary issue in dispute was whether the Mother’s infrequent visitation between December […]
Read MoreNovember 6th, 2019
In the November 6, 2019, case of Cooper v. SCDSS, 428 S.C. 402, 835 S.E.2d 516 (2019), 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 […]
Read MoreMay 9th, 2018
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 […]
Read MoreApril 11th, 2018
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 […]
Read MoreMarch 21st, 2018
N.B. the opinion discussed below was subsequently slightly modified. See Supreme Court issues slightly modified opinion in Ex-Parte: Carter. The phrase Kafkaesque is an overused cliche but sometimes it’s apt. That is the situation described in the March 21, 2018 South Carolina Supreme Court opinion of Ex Parte: Carter. While Ms. Carter may be full of […]
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