August 2015
Separation Requirement for Divorce
The Court strictly interpreted S.C. Code Ann. § 20-3-130(B)(Supp. 2012) under its plain and unambiguous meaning and emphasized the importance of the 90 days of separation being consecutive.
McKinney v. Pedry, Op No. 275567 (S.C. Sup. Ct. filed August 26, 2015) (Shearhouse Adv. Sh. No. 33 at 15).
September 2014
Adoption
Substantial compliance cannot cure the failure to comply with relevant requirements for the formal execution of a consent to adopt agreement when the defects in the execution are material and egregious.
Brown v. Baby Girl Harper, Op. No. 27448 (S.C. Sup. Ct. filed September 29, 2014) (Shearouse Adv. Sh. No. 39 at 12).
Removal Actions
S.C. Code Section 63-7-1660(E) mandates a finding of abuse or neglect before a child can be retained in foster care. Failure to seek a finding of abuse or neglect in a removal action “is in clear contravention of the removal statutes and could violate the fundamental right parents have to raise their children.”
SCDSS v. Massey, Op. No. 5269 (S.C. Ct. App. filed September 3, 2014) (Shearouse Adv. Sh. No. 36 at 26).