South Carolina Adoption Law Blog
Published By The Law Office of Russell W. Hall III

South Carolina Adoption Law Blog

Using The Law To Bring Families Together

Category Archives: Custody

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Husband: Presumptive Legal Father

Posted in Adoption, Biological Father, Consent and Relinquishment, Custody, Family Law, Termination of Parental Rights
“In South Carolina, there is a common law presumption that a child born during lawful wedlock is a child of the marriage.”  Fisher v. Tucker, 388 S.C. 388, 697 S.E.2d 548 (S.C. 2010). “No judgment of divorce from the bonds of matrimony shall render illegitimate the child begotten of the marriage.” Section 20-3-200 of the… Continue Reading

Supreme Court: Father Needs to Grasp Opportunity and Accept Measure of Responsibility to Protect Rights

Posted in Adoption, Biological Father, Consent and Relinquishment, Custody, Family Law, Notice, Termination of Parental Rights
In Roe v. Reeves, the adoptive parents appeal a family court’s decision where the birth father claims his consent was necessary prior to another couple adopting his child. The family court agreed with the father; the Supreme Court reversed stating that the father did not undertake sufficient good faith effort to assume parental responsibility and… Continue Reading

Servicemembers Civil Relief Act, Affidavits, and Adoptions

Posted in Adoption, Biological Father, Custody, Family Law, Notice
The below requirements apply to any civil action or proceeding, including any child custody proceeding, in which the Defendant does not make an appearance. A Plaintiff is required to let the Court know via an affidavit whether or not the Defendant is in military service or not. The consequence of a Defendant being in the… Continue Reading

What is ICPC?

Posted in Adoption, Custody, Interstate Adoption
The Interstate Compact on the Placement of Children(ICPC) is a compact between all 50 state, the District of Columbia and the U.S. Virgin Islands. South Carolina’s ICPC statutes are in the Sections 63-9-2200 through 63-9-2290 of the South Carolina Code of Laws, as amended. The compact was instituted among the states to help ensure that… Continue Reading

Daniel’s Law: Safe Haven for Abandoned Child and His Parents

Posted in Adoption, Custody, Family Law, Termination of Parental Rights
Section 63-7-40 of the South Carolina Code of Laws, as amend, provides distressed young women and men an opportunity to surrender a new born child without being prosecuted for abandoning the child. The above section provides that a person who leaves an infant at a  safe haven or directs another person to do so must not… Continue Reading