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South Carolina Family Law Blog Information and Insight On Family Law Issues In South Carolina

Termination of Parental Rights Due to Diagnosable Condition

Posted in Children, Paternity, Procedure, Relationships

The South Carolina Court of Appeals affirmed a Family Court Order terminating a mother’s parental rights.  In this case, the Court found that she had a diagnosable condition not likely to change within a reasonable time which makes her unlikely to provide minimally acceptable care for the child and that the termination of her parental rights was therefore in the child’s best interest.

The Court agreed with the Family Court’s conclusion that clear and convincing evidence existed in the expert medical testimony to support the termination of Doe’s parental rights.  Finally, the Court reasoned that the evidentiary record taken as a whole, including lay testimony, expert testimony, psychological reports and the guardian ad litem’s recommendation, is sufficient to prove that Doe is not capable of providing the level of care the child needs.

You can read the full text of SCDSS v. Doe by clicking HERE.

3 Responses to Termination of Parental Rights Due to Diagnosable Condition

SingleDad says: April 20, 2009 at 1:03 pm

Only a judge can determine that, and it has to be in the interests of the child. No sensable judge would ever allow that kind of TPR to take place.

Reply
singlemom says: December 28, 2011 at 3:13 pm

Laws in this state are sad and unfair! Parents who should be parents are often not allowed to do so while others are. Judges and Attorneys do not realize the damage DSS does to the children.

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