When a Child Turns 18 During Family Court Litigation

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When a Child Turns 18 During Family Court Litigation

When a Child Turns 18 During Family Court Litigation: What Happens to Pending Claims?
Understanding the South Carolina Court of Appeals Decision in Bristol v. Lipnevicius

Family court litigation can be lengthy, and sometimes a child at the center of a custody or visitation dispute reaches the age of majority before the case concludes. What happens then? The South Carolina Court of Appeals recently addressed this critical question in Bristol v. Lipnevicius, 444 S.C. 373 (2024), providing important guidance for parents and family law practitioners.

The Facts: A Multi-Year Interstate Custody Battle
The case involved divorced parents who originally divorced in Michigan in 2007. After the mother moved with their son to South Carolina, years of litigation ensued over visitation modifications. The mother filed an action in South Carolina family court in July 2018 seeking to modify visitation arrangements, arguing it was difficult for the child to travel to Ohio for visits with his father.

By the time the family court was ready for a final hearing, the son had turned eighteen in March 2021. The court then had to grapple with whether any of the pending claims could still be heard, or whether everything became moot once the child reached adulthood.

The Court’s Key Holdings
The Court of Appeals issued a mixed ruling that provides important clarification on what survives a child’s emancipation:

1. Attorney’s Fees in Modification Actions Do Not Survive
The court held that claims for attorney’s fees are derivative of the underlying substantive claim. Because the modification action itself became moot when the child turned eighteen, the father’s counterclaim for attorney’s fees also became moot and was properly dismissed.

The court reasoned that litigating attorney’s fees would require the court to consider the merits of a moot issue, which would not promote judicial economy. The statutory language shows that attorney’s fees “may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court,” indicating fees are not an independent action but require an underlying case within the court’s jurisdiction.

2. Contempt Actions for Past Violations Do Survive
In contrast, the court reversed the family court’s dismissal of pending contempt actions. Even though the child had emancipated, the father could still pursue contempt claims for the mother’s past violations of visitation orders.

The key distinction is that while the court can no longer order the mother to comply with future visitation (since the child is now an adult), it can still award compensatory contempt for past violations. This includes:

• Reimbursement of attorney’s fees incurred in enforcing court orders
• Costs incurred due to violations
• Other expenses directly related to the contemptuous conduct

“Compensatory contempt seeks to reimburse the party for the costs it incurs in forcing the non-complying party to obey the court’s orders… The award of attorney’s fees is not a punishment but an indemnification to the party who instituted the contempt proceeding.”

3. Foreign Orders for Makeup Visitation Can Be Registered Under the UCCJEA
The court also held that the father’s request to register Michigan orders awarding makeup visitation and reimbursement should not have been dismissed as moot. These orders qualified as “child custody determinations” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and were properly subject to registration in South Carolina, even after the child’s emancipation.

Practical Implications for Parents and Attorneys
For Parents:
• Document violations immediately. If the other parent is violating court orders, document each violation and consider filing contempt actions promptly rather than waiting for a final hearing.
• Don’t assume everything disappears at age 18. While you can’t enforce future visitation after your child turns eighteen, you may still be able to recover costs for past violations.
• Be aware of timing issues. If your child is approaching eighteen and you have pending claims, consult with your attorney about which claims will survive emancipation and which won’t.

For Attorneys:
• File contempt actions promptly. Don’t wait to consolidate all contempt claims for a final hearing. If your client is nearing emancipation, file contempt actions as violations occur to preserve remedies.
• Frame fee requests carefully. Fees sought in contempt actions as compensatory damages may survive emancipation, while fees sought in the underlying modification action will not.
• Consider alternative remedies. If a child is approaching eighteen, focus on remedies that will survive emancipation, such as makeup visitation time or reimbursement of expenses.
• Register foreign orders promptly. If you have favorable orders from another state, register them under the UCCJEA before the child emancipates to preserve enforcement options.

The Bottom Line
Bristol v. Lipnevicius makes clear that while a child’s eighteenth birthday ends prospective custody and visitation disputes, it does not necessarily end all family court litigation. The distinction between prospective relief (which becomes moot) and retrospective remedies (which survive) is critical.

Parents who have been denied court-ordered visitation time may still have remedies even after their child turns eighteen, particularly through compensatory contempt proceedings. However, claims that are derivative of the underlying custody action itself, such as requests for attorney’s fees in the modification action, will not survive emancipation.

Questions About Your Case?
If you are facing family court litigation and your child is approaching adulthood, or if you believe the other parent has violated court orders, contact an experienced South Carolina family law attorney to discuss your options and protect your rights.
___
Case Citation: Bristol v. Lipnevicius, 444 S.C. 373, 906 S.E.2d 618 (Ct. App. 2024)
This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney regarding your specific situation.

By Suzanne Klok|2025-11-12T16:54:07+00:00September 15th, 2024|Emancipation|Comments Off on When a Child Turns 18 During Family Court Litigation

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No More Adult Freedoms for South Carolinian Seventeen-Year-Olds

When a Child Turns 18 During Family Court Litigation: What Happens to Pending Claims?
Understanding the South Carolina Court of Appeals Decision in Bristol v. Lipnevicius

Family court litigation can be lengthy, and sometimes a child at the center of a custody or visitation dispute reaches the age of majority before the case concludes. What happens then? The South Carolina Court of Appeals recently addressed this critical question in Bristol v. Lipnevicius, 444 S.C. 373 (2024), providing important guidance for parents and family law practitioners.

The Facts: A Multi-Year Interstate Custody Battle
The case involved divorced parents who originally divorced in Michigan in 2007. After the mother moved with their son to South Carolina, years of litigation ensued over visitation modifications. The mother filed an action in South Carolina family court in July 2018 seeking to modify visitation arrangements, arguing it was difficult for the child to travel to Ohio for visits with his father.

By the time the family court was ready for a final hearing, the son had turned eighteen in March 2021. The court then had to grapple with whether any of the pending claims could still be heard, or whether everything became moot once the child reached adulthood.

The Court’s Key Holdings
The Court of Appeals issued a mixed ruling that provides important clarification on what survives a child’s emancipation:

1. Attorney’s Fees in Modification Actions Do Not Survive
The court held that claims for attorney’s fees are derivative of the underlying substantive claim. Because the modification action itself became moot when the child turned eighteen, the father’s counterclaim for attorney’s fees also became moot and was properly dismissed.

The court reasoned that litigating attorney’s fees would require the court to consider the merits of a moot issue, which would not promote judicial economy. The statutory language shows that attorney’s fees “may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court,” indicating fees are not an independent action but require an underlying case within the court’s jurisdiction.

2. Contempt Actions for Past Violations Do Survive
In contrast, the court reversed the family court’s dismissal of pending contempt actions. Even though the child had emancipated, the father could still pursue contempt claims for the mother’s past violations of visitation orders.

The key distinction is that while the court can no longer order the mother to comply with future visitation (since the child is now an adult), it can still award compensatory contempt for past violations. This includes:

• Reimbursement of attorney’s fees incurred in enforcing court orders
• Costs incurred due to violations
• Other expenses directly related to the contemptuous conduct

“Compensatory contempt seeks to reimburse the party for the costs it incurs in forcing the non-complying party to obey the court’s orders… The award of attorney’s fees is not a punishment but an indemnification to the party who instituted the contempt proceeding.”

3. Foreign Orders for Makeup Visitation Can Be Registered Under the UCCJEA
The court also held that the father’s request to register Michigan orders awarding makeup visitation and reimbursement should not have been dismissed as moot. These orders qualified as “child custody determinations” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and were properly subject to registration in South Carolina, even after the child’s emancipation.

Practical Implications for Parents and Attorneys
For Parents:
• Document violations immediately. If the other parent is violating court orders, document each violation and consider filing contempt actions promptly rather than waiting for a final hearing.
• Don’t assume everything disappears at age 18. While you can’t enforce future visitation after your child turns eighteen, you may still be able to recover costs for past violations.
• Be aware of timing issues. If your child is approaching eighteen and you have pending claims, consult with your attorney about which claims will survive emancipation and which won’t.

For Attorneys:
• File contempt actions promptly. Don’t wait to consolidate all contempt claims for a final hearing. If your client is nearing emancipation, file contempt actions as violations occur to preserve remedies.
• Frame fee requests carefully. Fees sought in contempt actions as compensatory damages may survive emancipation, while fees sought in the underlying modification action will not.
• Consider alternative remedies. If a child is approaching eighteen, focus on remedies that will survive emancipation, such as makeup visitation time or reimbursement of expenses.
• Register foreign orders promptly. If you have favorable orders from another state, register them under the UCCJEA before the child emancipates to preserve enforcement options.

The Bottom Line
Bristol v. Lipnevicius makes clear that while a child’s eighteenth birthday ends prospective custody and visitation disputes, it does not necessarily end all family court litigation. The distinction between prospective relief (which becomes moot) and retrospective remedies (which survive) is critical.

Parents who have been denied court-ordered visitation time may still have remedies even after their child turns eighteen, particularly through compensatory contempt proceedings. However, claims that are derivative of the underlying custody action itself, such as requests for attorney’s fees in the modification action, will not survive emancipation.

Questions About Your Case?
If you are facing family court litigation and your child is approaching adulthood, or if you believe the other parent has violated court orders, contact an experienced South Carolina family law attorney to discuss your options and protect your rights.
___
Case Citation: Bristol v. Lipnevicius, 444 S.C. 373, 906 S.E.2d 618 (Ct. App. 2024)
This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney regarding your specific situation.