South Carolina Lawyers Weekly
Although our appellate courts have characterized joint custody as a unique and disfavored arrangement, the instant case presents exceptional circumstances in which both parents have positive relationships with the children and either party could serve as the custodial parent. Therefore, ...
Read More »Domestic Relations – Parent & Child – Custody & Support – Joint Custody – Attorney’s Fees
Domestic Relations—Alimony – Cohabitation – 90-Day Rule – Circumvention 
It is true that—as the family court found—the plaintiff-husband did not present proof that the defendant-wife cohabited with a paramour for a continuous period of 90 days, which is a ground for terminating alimony under S.C. Code Ann. § 20-3-130(B). ...
Read More »Domestic Relations—Common-Law Marriage – Bifurcated Proceedings – Interlocutory Appeals
Plaintiff’s actions for divorce and equitable distribution require a determination that the parties are married; moreover, defendant’s primary defense to plaintiff’s claims is that the parties were not married. Accordingly, when—in this bifurcated proceeding—the family court weighed the evidence and ...
Read More »Domestic Relations – Alimony – Investment Income – Statutory Factors
While the petitioner-husband is correct in arguing that family courts should consider investment income as to both parties in assessing a party’s anticipated earnings, given the uncertainty of market fluctuations, we decline to require courts to assign a specific number ...
Read More »Domestic Relations – Parent & Child – Abandonment – Force of Circumstances – Child’s Psychiatric Issues
A minor’s entire treatment team recommended that, upon her discharge from a psychiatric hospital, she go to a residential treatment facility. In any event, the Department of Social Services would not have allowed the minor to go home to the ...
Read More »Domestic Relations – Divorce – LLC Interests – Transmuting to Marital Property – Inclusion of Property in Marital Estate
A spouse’s investment of funds and labor to the other spouse’s pre-marital business, who held the couple out as equal partners, constitute sufficient evidence the parties had mutual intent to transmute the business into marital property. We affirm the final ...
Read More »Domestic Relations – Grandparent’s Visitation – Unsupervised Visitation – Unreasonable Deprivation of Visitation – Reasonable Visit Conditions
Where a parent offered grandparent child visitation with the reasonable condition of supervision during visitation, the grandparent was not unreasonably deprived of visitation and the courts therefore lacked authority impose court-ordered visitation. We reverse the order granting plaintiff unsupervised grandparent ...
Read More »Domestic Relations – Equitable Distribution – Family Business – Separate & Marital Property – Valuation – Parent & Child – Support
Where the wife’s 25-percent interest in the family business gave her no control over the company, the value of her shares was subject to a minority or lack-of-control discount. Nevertheless, we reverse the trial court’s valuation of the wife’s 25-percent ...
Read More »Domestic Relations – Divorce – Marital Property – Constructive Trust
During the parties’ marriage, husband formed two businesses. Wife testified that she devoted time and money into the businesses as an investment for the family and regarded the businesses as marital property. Wife claimed husband held the parties out as ...
Tagged with: Divorce
Read More »Domestic Relations – Divorce – Alimony – Equitable Distribution
Wife was granted divorce based on husband’s adultery. The family court ordered husband to pay permanent periodic alimony and child support and awarded wife five of the six rental properties in the marital estate. The family court also provided husband ...
Tagged with: Alimony
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