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Tag Archives: Parent & Child

Domestic Relations – Parent & Child – Termination of Parental Rights – Unchallenged Basis – Best Interest (access required)

South Carolina Department of Social Services v. Evangelica H. The appellant-father appeals only two of the three bases found by the trial court for terminating his parental rights. The unchallenged ground – that the child was in foster care for 15 of the most recent 22 months – is sufficient to support the termination of appellant’s parental rights; moreover, it was supported by clear and convincing evidence since the child had been in foster care for 37 months by the time of the hearing.

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Domestic Relations – Parent & Child – Support – Rental Income – Expenses (access required)

DiMarco v. DiMarco The defendant-father offered to go through the expenses for each of his rental properties, but the family court said that, if the expenses were included in the father’s 2006 tax return, there was no need to go through the expenses. Although the father’s 2006 tax return included all the expenses for each rental property and showed that the rental properties were operating at a loss, the family court found that the father earned $11,263 per year in rental income by subtracting mortgage interest, taxes and insurance from the father’s gross rental income. The court did not deduct expenses for cleaning and maintenance, legal fees, supplies, and association dues.

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Domestic Relations – Parent & Child – Adoption – Native American Child – ICWA (access required)

Adoptive Couple v. Baby Girl Where the respondent-father both (1) acknowledged his paternity through the pursuit of court proceedings as soon as he realized the baby girl had been put up for adoption and (2) established his paternity through DNA testing, the unwed father is a “parent” as defined by the Indian Child Welfare Act (ICWA).

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Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression (access required)

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan to reflect a household of five, not seven.

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Domestic Relations – Parent & Child – Custody – Hague Convention – No Wrongful Retention (access required)

Reyes v. Jeffcoat Where (1) from 2006 to September 2008, the parties’ children attended brick and mortar schools and participated in extracurricular activities in Lexington, S.C.; (2) despite staying in Venezuela for appreciable periods of time from September 2008 to September 2011, the children continued to travel in and out of Venezuela as tourists using their U.S. passports; and (3) neither the children nor the respondent-father stayed in Venezuela for more than 90 consecutive days...

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