Carrington v. Piegari

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Joe Carrington, Jr., Appellant,

v.

Amanda Piegari, Respondent.

Appellate Case No. 2014-000998

Appeal From Sumter County
Angela R. Taylor, Family Court Judge

Unpublished Opinion No. 2015-UP-416
Submitted May 1, 2015 – Filed August 12, 2015

AFFIRMED

John Stephen Keffer, of Young, Keffer & Donnald, PA,
of Sumter, for Appellant.

William James LaLima, of LaLima Law Firm, of West
Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: S.C. Code Ann. § 63-15-330(A) (2010) ("[A] court of this State has
jurisdiction to make an initial child custody determination only if: (1) this State is
the home state of the child on the date of the commencement of the proceeding, or
was the home state of the child within six months before the commencement of the
proceeding and the child is absent from this State, but a parent or person acting as a
parent continues to live in this State; (2) a court of another state does not have
jurisdiction under item (1), or a court of the home state of the child has declined to
exercise jurisdiction . . . ; (3) all courts, having jurisdiction under item (1) or (2),
have declined to exercise jurisdiction . . . ; or (4) no court of any other state would
have jurisdiction under the criteria specified in item (1), (2), or (3)."); S.C. Code
Ann. § 63-15-302(8) (2010) ("'Initial determination' means the first child custody
determination concerning a particular child."); S.C. Code Ann. § 63-15-302(7)
(2010) ("'Home state' means the state in which a child lived with a parent or a
person acting as a parent for at least six consecutive months immediately before
the commencement of a child custody proceeding."); S.C. Code Ann. § 63-15-
302(5) (2010) ("'Commencement' means the filing of the first pleading in a
proceeding."); S.C. Code Ann. § 63-15-336(A) (2010) ("A court of this State has
temporary emergency jurisdiction if the child is present in this State and the child
has been abandoned or it is necessary in an emergency to protect the child because
the child . . . is subjected to or threatened with mistreatment or abuse."); S.C. Code
Ann. § 63-15-302(1) (2010) ("'Abandoned' means left without provision for
reasonable and necessary care or supervision.").

AFFIRMED.1

FEW, C.J., and HUFF and WILLIAMS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.