Terminating a parent’s rights or taking his consent and relinquishment without a pending adoption primarily occurs in DSS cases. The Court approving a Consent and Relinquishment or terminating a parent’s rights without a pending adoption is rare in private actions. The person would have had to have done something egregious to warrant a Court terminating
Biological Father
ICWA and Adoption Law Part 3: Recent Case Law
Adoptive Couple v. Baby Girl, a minor under the age of fourteen years, Birth Father, and the Cherokee Nation is a great view of how the South Carolina Supreme Court interprets ICWA and how ICWA meshes with South Carolina adoption law. Enjoy!
ICWA and Adoption Law Part 2 (Involuntary Termination)
By Russell W. Hall III on
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…
Husband: Presumptive Legal Father
“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…
Dale Dove: A Miracle Worker
By Russell W. Hall III on
Dale Dove has been my mentor in adoption law and life for the past four years; he has taught me quite a bit about both. To get a small taste of Dale’s passion for both the law and life read about his quest to help the McClain family adopt Alyssa before Mr. McClain dies in A Dying Man’s Race…
Another Attorney’s Analysis of Roe v. Reese
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.
Supreme Court: Father Needs to Grasp Opportunity and Accept Measure of Responsibility to Protect 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…
Servicemembers Civil Relief Act, Affidavits, and Adoptions
By Russell W. Hall III on
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…
Which Fathers Need to be Named as Defendants in an Adoption?
Any father whose consent and relinquishment is required must be named a defendant in an adoption proceeding if he does not consent and relinquish his rights.
If the child was conceived or born during the marriage of husband and wife whether or not the husband is the actual father, the husband’s consent and relinquishment is required. If he…
Responsible Father Registry is Live
By Russell W. Hall III on
As of 1 July 2010 attorney’s may search the Responsible Father Registry. This link will take you to the registration page; an attorney who wishes to search the registry for a pending adoption or termination of parental rights matter will need to register through the above link to be authorized to search the registry.
The registration process takes…