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Pless v. Hendricks

Court of Appeals of South Carolina
May 21, 2015
2015-UP-265 (S.C. Ct. App. May. 21, 2015)

Opinion

2015-UP-265

05-21-2015

Jerry L. Pless and Judy M. Pless, Respondents, v. Kristi L. Hendricks and Brian Keith Gary, Defendants, Of whom Kristi L. Hendricks is the Appellant. In the interest of a minor under the age of eighteen. Appellate Case No. 2014-001865

Andrew Michael Hodges, of the Hodges Law Firm, LLC, of Greenwood, for Appellant. Scarlet Bell Moore, of Greenville, for Respondents. Joshua S. Nasrollahi, Guardian ad Litem, of Greenwood.


UNPUBLISHED OPINION

Submitted April 22, 2015

Appeal From Abbeville County Joseph W. McGowan, III, Family Court Judge

Andrew Michael Hodges, of the Hodges Law Firm, LLC, of Greenwood, for Appellant.

Scarlet Bell Moore, of Greenville, for Respondents.

Joshua S. Nasrollahi, Guardian ad Litem, of Greenwood.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Doe v. Roe, 386 S.C. 624, 630, 690 S.E.2d 573, 577 (2010) ("Upon appellate review, [an appellate court] may make its own conclusion from the record as to whether clear and convincing evidence supports the termination."); id. at 630-31, 690 S.E.2d at 577 ("The appellate court, however, is not required to ignore the fact that the family court, who saw and heard the witnesses, was in a better position to evaluate their credibility and assign comparative weight to their testimony."); S.C. Code Ann. § 63-7-2570(4) (Supp. 2014) ("The family court may order [TPR] upon a finding . . . [t]he child has lived outside the home of either parent for a period of six months, and during that time the parent has [willfully] failed to support the child."); id. ("Failure to support means that the parent has failed to make a material contribution to the child's care."); id. ("A material contribution consists of either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means."); Charleston Cnty. Dep't of Soc. Servs. v. Jackson, 368 S.C. 87, 102, 627 S.E.2d 765, 774 (Ct. App. 2006) ("In TPR cases, the best interest of the child is the paramount consideration."); id. (stating if the child's interest and the parental rights conflict, the interest of the child shall prevail).

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

SHORT, LOCKEMY, AND MCDONALD, JJ., CONCUR.


Summaries of

Pless v. Hendricks

Court of Appeals of South Carolina
May 21, 2015
2015-UP-265 (S.C. Ct. App. May. 21, 2015)
Case details for

Pless v. Hendricks

Case Details

Full title:Jerry L. Pless and Judy M. Pless, Respondents, v. Kristi L. Hendricks and…

Court:Court of Appeals of South Carolina

Date published: May 21, 2015

Citations

2015-UP-265 (S.C. Ct. App. May. 21, 2015)