Category Archives: Uncategorized

Enforcing Visitation When the Children Refuse: What’s a Parent to Do?

The recent case of Noojin v. Noojin, decided by the South Carolina Court of Appeals in July 2016 provides guidelines for custodial parents whose child is protesting visitation with the non-custodial parent. The mother in Noojin was found to be … Continue reading

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Rights of Biological Parents vs. Third Parties (like grandparents)

Generally, there is a presumption in favor of a biological parent having custody of his or her child. The South Carolina Supreme Court has long recognized a biological parent’s superior rights over those of third parties with regard to custody, … Continue reading

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Factors considered in awarding alimony

There are 13 statutory factors the court must consider in awarding alimony. South Carolina Code § 20-3-130 provides: (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant … Continue reading

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Termination of Parental Rights

There are many grounds for termination of parental rights in South Carolina. In private termination of parental rights actions, I most commonly have been confronted with a parent’s failure to support or visit his or her child. In South Carolina, … Continue reading

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Marital property vs. Non-marital property

Marital property is property that was (1) acquired during the marriage; and (2) owned as of the date of filing or the beginning of marital litigation. S.C. Code Ann. § 20-3-630. Non-marital property is property that is (1) acquired by … Continue reading

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Different Types of Spousal Support in South Carolina

In general, spousal support, most commonly known as alimony, is meant to be a substitute for the support a spouse received as part of the marital relationship.  Ordinarily, the purpose of alimony is to place the supported spouse in as … Continue reading

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What Rights Do Non-Custodial Parents Have In South Carolina?

When you share a child with someone, but are not living with the other parent of your child, either because you and the other parent are divorced or separated, you will still want to spend time with your child. If … Continue reading

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Alternative Child Custody Schedules for Parents

The typical child custody schedule often places primary custody of a child with one parent and gives the other parent custody or visitation every other weekend. While this arrangement works well for many separated families, some parents run into problems … Continue reading

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The Impact of Domestic Violence on Child Custody and Visitation

A history of domestic violence in a family can have a significant impact on a parent’s ability to obtain custody of their child or children. In South Carolina, the family court judges do not look fondly on parents who have … Continue reading

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Obtaining a Divorce From An Abusive Spouse in South Carolina

A number of South Carolina divorces are a result from abusive spousal relationships. While the marriage may start out fine, over time instances of domestic violence have crept in. Domestic violence issues can prompt a need for protection orders from … Continue reading

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