The matter of physical and legal custody of the parties’ minor child has been in contention for almost six years—since the child was two months old. We regret the delay caused in part by our state’s court system and acknowledge considerable changes and milestones could occur for a minor child during such a substantial delay that may alter the determination of an arrangement created in the best interests of the child. Indeed, it is more than likely the amount of time that has passed since the family court’s order has resulted in a stale record incapable of reflecting facts and circumstances from which the current best interests of the child can be determined.
Accordingly, we remand this matter to the family court for a trial de novo on the custody issue to ensure the custody determination is based on the current best interests of the child, and direct the family court to revise the award of attorney’s fees in light of the new trial on the custody issue.
Rossington v. Rossington (Lawyers Weekly No. 010-047-22, 2 pp.) (Per Curiam) Appealed from Berkeley County Family Court (Michael Holt, J.) Brett Lamb Stevens for petitioner; Megan Catherine Hunt Dell for respondent; Suzanne Groff, guardian ad litem. S.C. S. Ct.