Using The Law To Bring Families Together
In addition to following South Carolina Termination of Parental Right Statutes under Section 63-7-2570 of the South Carolina Code of Laws, as amended, or the Notification Statute under Section 63-9-730 of the South Carolina Code of Laws, as amended to terminate an Indian parent’s rights, the petitioners must follow the requirements of the ICWA.
Specifically…
Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may apply to your termination of parental rights cause of action if an order for visitation and/or custody was entered in another state.
You are only required to file a termination of parental rights cause of action if anyone who…
“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…
In my TPR: Clear and Convincing Evidence, I explained the burden required to terminate a parent’s rights. Even if you can overcome that burden, you still need to show that the termination is in the best interest of the child. Trying to define the best interest of the child is like herding cats; I try to…
Two of the most common grounds I use to terminate the parental rights of an individual when my clients are seeking to adopt a child are willful failure to support the child and willful failure to visit with the child.
Though I may technically have the grounds to terminate the parent’s rights, I have to …
One of the grounds to terminate a parent’s rights is if the child has spent 15 of the last 22 months in foster care.
The Courts in ruling on this ground for termination of parental rights will need to ask why the child has been in foster care for 15 months and is this delay…
In South Carolina, a petitioner may ask the court to terminate a parent’s rights if “[t]he child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make…
A Consent and Relinquishment( "Consent") is an adoption attorney’s best tool for a smooth adoption. With one from each parent in hand , the adoption will be made final with few or no problems with few exceptions.
Executing a consent can be as easy as executing a simple will or as complicated as executing a complex contract between…
In my last blog, I talked about the ramification of the recent Roe v. Reese decision on father’s rights and the effects it has on my clients; my take seems to be elementary compared with Gregory S. Forman’s take. You can read his take at his blog.
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…