Thursday, April 26, 2007
LATEST VERSION OF SC GRANDPARENTS VISITATION BILL
Click here to review the latest version of the proposed South Carolina Grandparents Visitation Bill.
Although we can understand that there may be some instances in which it is a good idea to order a parent to allow contact between a child and the child's grandparents, there are some troubling aspects to this proposed legislation. Notably the Amended Bill provides, "The judge presiding over this matter shall award attorney's fees and costs to the prevailing party."
While Family Court Judges already have discretion--within clearly delineated guidelines-- to award attorneys fees in any domestic litigation, we know of no other instance in which a Judge is required to award fees to the prevailing party. Moreover, the term "prevailing party" is not defined in the Statute.
If this legislation is passed in its current form, we can envision situations where wealthy grandparents use the threat of the prospect of having to pay hefty attorneys fees to usurp the parenting roles from either the ex-spouses or surviving spouses of their sons or daughters. Additionally, we note that there are those who think the Bill would be unconstitutional.
Click here to review the latest version of the proposed South Carolina Grandparents Visitation Bill.
Although we can understand that there may be some instances in which it is a good idea to order a parent to allow contact between a child and the child's grandparents, there are some troubling aspects to this proposed legislation. Notably the Amended Bill provides, "The judge presiding over this matter shall award attorney's fees and costs to the prevailing party."
While Family Court Judges already have discretion--within clearly delineated guidelines-- to award attorneys fees in any domestic litigation, we know of no other instance in which a Judge is required to award fees to the prevailing party. Moreover, the term "prevailing party" is not defined in the Statute.
If this legislation is passed in its current form, we can envision situations where wealthy grandparents use the threat of the prospect of having to pay hefty attorneys fees to usurp the parenting roles from either the ex-spouses or surviving spouses of their sons or daughters. Additionally, we note that there are those who think the Bill would be unconstitutional.
