inherently case-specific and fact-specific inquiry (South Carolina) · Go Syfert
← South Carolina issues

inherently case-specific and fact-specific inquiry in South Carolina

8 South Carolina opinions name it 1 courts 1999–2026 3 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
McComb v. Conardgreen
scctapp · 2011 · cited in 2 South Carolina opinions naming this issue, 2021–2025
2 sentences

2025"The controlling considerations in all child custody controversies are the child's welfare and best interest." Daily v. Daily, 432 S.C. 608 , 618, 854 S.E.2d 856 , 862 (Ct. App. 2021). "[A] determination of the best interest of the children is an inherently case-specific and fact-specific inquiry." Id. (alteration in original) (quoting McComb v. Conard, 394 S.C. 416, 423 , 715 S.E.2d 662, 665 (Ct. App. 2011)).

2025"The controlling considerations in all child custody controversies are the child's welfare and best interest." Daily v. Daily, 432 S.C. 608 , 618, 854 S.E.2d 856 , 862 (Ct. App. 2021). "[A] determination of the best interest of the children is an inherently case-specific and fact-specific inquiry." Id. (alteration in original) (quoting McComb v. Conard, 394 S.C. 416, 423 , 715 S.E.2d 662, 665 (Ct. App. 2011)).

22
Rice v. Ricegreen
scctapp · 1999 · cited in 5 South Carolina opinions naming this issue, 2004–2026
2 sentences

2026See Rice v. Rice, 335 S.C. 449, 458 , 517 S.E.2d 220 , 225 (Ct. App. 1999) (finding the "determination of the best interest[s] of the children is an inherently case-specific and fact-specific inquiry").

2026See Rice v. Rice, 335 S.C. 449, 458 , 517 S.E.2d 220 , 225 (Ct. App. 1999) (finding the "determination of the best interest[s] of the children is an inherently case-specific and fact-specific inquiry").

15
Brown v. Browngreen
scctapp · 2004 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018Those issues are still under consideration. interest[s] of the children is an inherently case-specific and fact-specific inquiry."); Stoney, 422 S.C. at 595, 813 S.E.2d at 487 (holding the de novo standard of review "does not abrogate two long-standing principles still recognized by our courts during the de novo review process: (1) a trial judge is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the appellate court that the preponderance of the evidence is against the finding of the trial judge"); Brown, 362 S.C. at 93-94 , 606 S.E.2d at 789

2018Those issues are still under consideration. interest[s] of the children is an inherently case-specific and fact-specific inquiry."); Stoney, 422 S.C. at 595, 813 S.E.2d at 487 (holding the de novo standard of review "does not abrogate two long-standing principles still recognized by our courts during the de novo review process: (1) a trial judge is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the appellate court that the preponderance of the evidence is against the finding of the trial judge"); Brown, 362 S.C. at 93-94 , 606 S.E.2d at 789

11
Frye v. Fryegreen
scctapp · 1994 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018Those issues are still under consideration. interest[s] of the children is an inherently case-specific and fact-specific inquiry."); Stoney, 422 S.C. at 595, 813 S.E.2d at 487 (holding the de novo standard of review "does not abrogate two long-standing principles still recognized by our courts during the de novo review process: (1) a trial judge is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the appellate court that the preponderance of the evidence is against the finding of the trial judge"); Brown, 362 S.C. at 93-94 , 606 S.E.2d at 789

2018Those issues are still under consideration. interest[s] of the children is an inherently case-specific and fact-specific inquiry."); Stoney, 422 S.C. at 595, 813 S.E.2d at 487 (holding the de novo standard of review "does not abrogate two long-standing principles still recognized by our courts during the de novo review process: (1) a trial judge is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the appellate court that the preponderance of the evidence is against the finding of the trial judge"); Brown, 362 S.C. at 93-94 , 606 S.E.2d at 789

11
Stoney v. SRgreen
sc · 2017 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018Those issues are still under consideration. interest[s] of the children is an inherently case-specific and fact-specific inquiry."); Stoney, 422 S.C. at 595, 813 S.E.2d at 487 (holding the de novo standard of review "does not abrogate two long-standing principles still recognized by our courts during the de novo review process: (1) a trial judge is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the appellate court that the preponderance of the evidence is against the finding of the trial judge"); Brown, 362 S.C. at 93-94 , 606 S.E.2d at 789

2018As to whether the family court erred in refusing to review Child's diary: Stoney, 422 S.C. at 594 n.2, 813 S.E.2d at 486 n.2 (acknowledging our appellate courts review the family court's "evidentiary or procedural rulings . . . using an abuse of discretion standard"); S.C.

11
Davenport v. Davenportgreen
sc · 1975 · cited in 1 South Carolina opinions naming this issue, 2004–2004
2 sentences

2004We recognize that “a determination of the best interest of the children is an inherently case-specific and fact-specific inquiry.” Rice , 335 S.C. at 458 , 517 S.E.2d at 225 ; see Davenport v. Davenport , 265 S.C. 524, 527 , 220 S.E.2d 228, 230 (1975) (In child custody cases, “the totality of circumstances peculiar to each case constitutes the only scale upon which the ultimate decision can be weighed.”).

2004We recognize that “a determination of the best interest of the children is an inherently case-specific and fact-specific inquiry.” Rice , 335 S.C. at 458 , 517 S.E.2d at 225 ; see Davenport v. Davenport , 265 S.C. 524, 527 , 220 S.E.2d 228, 230 (1975) (In child custody cases, “the totality of circumstances peculiar to each case constitutes the only scale upon which the ultimate decision can be weighed.”).

11
Wheeler v. Gillgreen
scctapp · 1992 · cited in 1 South Carolina opinions naming this issue, 1999–1999
2 sentences

1999See Wheeler v. Gill, 307 S.C. 94, 99 , 413 S.E.2d 860, 863 (Ct.App.1992) (In child custody cases, “ ‘the totality of the circumstances peculiar to each case constitutes the only scale upon which the ultimate decision can be weighed.’ ”).

1999See Wheeler v. Gill, 307 S.C. 94, 99 , 413 S.E.2d 860, 863 (Ct.App.1992) (In child custody cases, “ ‘the totality of the circumstances peculiar to each case constitutes the only scale upon which the ultimate decision can be weighed.’ ”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Aiken County Department of Social Services v. Wilcox green
scctapp · 1991
2 sentences

2018Servs. v. Wilcox , 304 S.C. 90 , 93, 403 S.E.2d 142 , 144 (Ct. App. 1991) ). "[A] determination of the best interest[s] of the children is an inherently case-specific and fact-specific inquiry." Rice v. Rice , 335 S.C. 449 , 458, 517 S.E.2d 220 , 225 (Ct. App. 1999).

2018Servs. v. Wilcox , 304 S.C. 90 , 93, 403 S.E.2d 142 , 144 (Ct. App. 1991) ). "[A] determination of the best interest[s] of the children is an inherently case-specific and fact-specific inquiry." Rice v. Rice , 335 S.C. 449 , 458, 517 S.E.2d 220 , 225 (Ct. App. 1999).

12018–2018

Statutes the citing opinions construe

SC § S.C. Code Ann. § 63-15-230 (4) SC § S.C. Code Ann. § 63-15-240 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check