Correct result, questionable rationale on multi-state child custody...
In 2007 South Carolina substituted the Uniform Child Custody Jurisdiction Act (UCCJA) for the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). S.C. Code Ann. § 63-15-300, et seq. The...
View ArticleMinimum contacts personal jurisdiction analysis not applicable to contested...
The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as it regards multi-state...
View ArticleCommon misconceptions about multi-state custody jurisdiction
At least a few times each month I receive a phone call or email from someone involved in a multi-state child custody case. Since I deliberately restrict my practice to South Carolina, generally these...
View ArticleWhat portions of foreign domestic relations orders are enforceable in South...
When an opposing party lives or has assets in South Carolina, it can often be more effective to enforce a foreign state’s domestic relations order in South Carolina than to enforce it in the state...
View ArticleCourt of Appeals holds that multi-state child custody jurisdiction statutes...
In the March 16, 2012 opinion in Anthony H. v. Matthew G.,397 S.C. 447, 725 S.E.2d 132 (Ct. App. 2012) the Court of Appeals held that the state and federal statutes for determining child custody...
View ArticleDemanding UCCJEA submissions before filing motions to dismiss child custody...
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction to determine child custody. In defending such...
View ArticleLitigating child custody does not, by itself, create personal jurisdiction...
Due to an increasingly mobile society, child custody litigation often moves to different states over a child’s minority. When both parents and the child no longer live in the state that issued the most...
View ArticleIs the lack of a set notice requirement in the UCCJEA a feature or a bug?
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated statute was largely an...
View ArticleCorrect result, questionable rationale on multi-state child custody...
In 2007 South Carolina substituted the Uniform Child Custody Jurisdiction Act (UCCJA) for the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). S.C. Code Ann. § 63-15-300, et seq. The...
View ArticleMinimum contacts personal jurisdiction analysis not applicable to contested...
The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as it regards multi-state...
View ArticleCommon misconceptions about multi-state custody jurisdiction
At least a few times each month I receive a phone call or email from someone involved in a multi-state child custody case. Since I deliberately restrict my practice to South Carolina, generally these...
View ArticleWhat portions of foreign domestic relations orders are enforceable in South...
When an opposing party lives or has assets in South Carolina, it can often be more effective to enforce a foreign state’s domestic relations order in South Carolina than to enforce it in the state...
View ArticleCourt of Appeals holds that multi-state child custody jurisdiction statutes...
In the March 16, 2012 opinion in Anthony H. v. Matthew G.,397 S.C. 447, 725 S.E.2d 132 (Ct. App. 2012) the Court of Appeals held that the state and federal statutes for determining child custody...
View ArticleDemanding UCCJEA submissions before filing motions to dismiss child custody...
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction to determine child custody. In defending such...
View ArticleLitigating child custody does not, by itself, create personal jurisdiction...
Due to an increasingly mobile society, child custody litigation often moves to different states over a child’s minority. When both parents and the child no longer live in the state that issued the most...
View ArticleIs the lack of a set notice requirement in the UCCJEA a feature or a bug?
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated statute was largely an...
View ArticleJurisdiction shopping while pregnant
I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina...
View ArticleCourt of Appeals grants new trial on DSS sexual abuse case based on...
The January 4, 2023, Court of Appeals opinion in SCDSS v. Scott, 438 S.C. 400, 883 S.E.2d 229 (Ct. App. 2023), granted a new trial to a father who was found by the family court to have sexually abused...
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