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Malpass v. Hodson
Citations: 424 S.E.2d 470; 309 S.C. 397; 1992 S.C. LEXIS 220Docket: 23735
Court: Supreme Court of South Carolina; November 9, 1992; South Carolina; State Supreme Court
The Supreme Court of South Carolina affirmed an order transferring custody of six-year-old Brandon Hodson from his maternal grandparents (Appellants) to his mother, Sherri Malpass (Respondent). The grandparents had custody since Brandon was nine months old due to Malpass's previous abusive marriage, during which she was unable to care for him. Since then, Malpass divorced and remarried, and has sought full custody since 1987. Initially, a joint custody agreement allowed her visitation every other weekend, which was later expanded to every weekend. In November 1991, the Family Court determined permanent custody. The key consideration in custody disputes is the child's welfare, with a rebuttable presumption favoring biological parents. The court considered four factors: the parent's fitness, the parent's contact with the child, the circumstances of temporary custody relinquishment, and the attachment between the child and the third party. The court found Malpass fit, as she has a stable home, is a stay-at-home parent, and her husband is supportive. The grandparents' claims of her instability were deemed irrelevant since they referred to past conduct. Malpass maintained contact with Brandon through visits and financial support. The court noted that while Brandon has a close bond with his grandparents, he also shares a significant attachment with his mother, supported by testimony from a Guardian ad Litem. Based on these findings and a preponderance of evidence, the Supreme Court affirmed the Family Court’s decision to grant custody to Malpass.