Legal Opinion · Dissent

Joiner ex rel. Rivas v. Rivas

Court of Appeals of South Carolina

Decided May 10, 1999No. 2990Published

1DissentHuff, Judge

I

On appeal, the mother argues that clear and convincing evidence does not support termination of her parental rights pursuant to S.C.Code Ann. § 20-7-1572(2) because Alex had not lived outside her home for a period of six consecutive months immediately proceeding the termination. Because this issue was neither raised to nor ruled upon by the trial court, it may not be considered on appeal. See South Carolina Department of Social Services v. Father and Mother, 294 S.C. 518, 366 S.E.2d 40 (Ct.App.1988) (issue which was not raised below cannot be considered on appeal); Wilder Corporation v.…

2Cases cited3 opinions

  1. Wilder Corp. v. WilkeSupreme Court of South Carolina · 1998
  2. Richland County Department of Social Services v. EarlesSupreme Court of South Carolina · 1998
  3. South Carolina Department of Social Services v. SmithSupreme Court of South Carolina · 1993

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