CURETON, A.J.
After the parties' divorce, the family court entered an order awarding custody of the parties' minor child, S.R., to David R. (Father) but provisionally placing her with Sheila R. (Mother). The family court later awarded Father "primary physical placement" as well as legal custody. Mother appeals, arguing the family court erred in (1) using its own standard to determine who should receive custody of S.R. and failing to conduct a best-interests analysis when it subsequently granted Father full custody and (2) failing to appoint a guardian ad litem (Guardian) or consider S.R.'s wishes when determining custody. On appeal, Mother also argues the family court lacked subject matter jurisdiction over the custody issue at the time of the issuance of its 2009 order. We affirm.
Mother and Father married in 1987 and had two daughters. H.R. was born June 5, 1990, and S.R. was born July 20, 1995. In July 2005, Mother filed a complaint seeking separate support and maintenance, equitable apportionment of the marital estate, and custody of both children. Father answered and counterclaimed for the same relief but also petitioned the family court to appoint a Guardian for the children and to require Mother to undergo a psychological examination.
In September 2005, the family court entered a temporary order appointing Debra L. Walsh as the children's Guardian, ordering the parties and children to undergo psychological evaluations by Dr. Craig Horne, temporarily placing both
In September 2006, the Guardian served her report, which cited more than one hundred resources and spanned seventy-six pages. The Guardian recorded her observations about both parents and both children in great detail. The Guardian did not recommend either parent receive custody of the children but instead expressed concern that both parents "demonstrate[d] signs of unresolved anger[] and an inability to accept full responsibility for their own actions." According to the Guardian, Father regarded himself as superior to Mother, and Mother refused to address unresolved issues from her childhood that appeared to affect her parenting. Each parent shared with the children inappropriate information about the ongoing conflict and tended to make the non-resident child feel uncomfortable in his or her home. While Father demonstrated an even and patient temperament, he undertook to manipulate those around him by controlling the information available to the Guardian and others and may have engaged in some physical confrontations with the children. While Mother orally expressed a desire to raise both children, she sought custody of only S.R., in whom she encouraged infantile behaviors. In addition, Mother expressed interest in Father's severing contact with S.R. as Mother had done with H.R. Despite making extensive recommendations concerning the parties' and children's future paths, the Guardian's sole recommendation concerning custody was that the children "should be in the custody of the parent most able to provide them with an environment that allows them to be physically and emotionally safe, and allowed to grow in to fully adult young women."
The case was tried over five days in September 2007. The family court devoted more than ten pages of its final order to factual findings concerning the parties', particularly Mother's, disturbing behavior, with subsections devoted to the observations of Dr. Horne and the family court. This order, dated November 29, 2007, granted Mother a divorce on the ground of one year's continuous separation, divided the costs of suit between the parties, and equitably apportioned the marital estate. It established a detailed visitation schedule, obligated
As a result of these complicated findings, the family court awarded Father sole custody of both children but placed S.R. physically with Mother. In addition, the family court reserved jurisdiction over the issue of S.R.'s custody for a period of eighteen months,
Both parties filed and argued motions for reconsideration. On July 8, 2008, the family court entered an order amending Father's financial obligations to Mother, expanding Father's visitation with S.R., establishing sibling visitation between H.R. and S.R., and denying all other relief. Both parties appealed from the November 2007 and July 2008 orders.
Subsequently, each party filed a complaint for contempt against the other. Six of Father's eight causes of action related to Mother's alleged violations of the family court's orders concerning custody and visitation. Mother's causes of action related to property issues.
On June 5, 2009, following a trial, the family court entered an order finding both parties in contempt of court, awarding Father primary physical placement of S.R. effective immediately,
The family court also re-appointed Walsh as Guardian to conduct further investigation into "whether the growth hormone treatment sought by Mother on behalf of [S.R. was] necessary and in the best interest of the child." Mother appealed from this order as well.
When reviewing a decision by the family court, the appellate court has the authority to find the facts in accordance
Mother first asserts the family court erred in using its own standard to determine who should receive custody of S.R. and in failing to take S.R.'s best interests into consideration when it subsequently granted Father full custody. We disagree.
In all child custody controversies, the controlling considerations are the child's welfare and best interests. Cook v. Cobb, 271 S.C. 136, 140, 245 S.E.2d 612, 614 (1978). In determining custody, the family court "must consider the character, fitness, attitude, and inclinations on the part of each parent as they impact the child." Woodall v. Woodall, 322 S.C. 7, 11, 471 S.E.2d 154, 157 (1996). Thus, when determining which parent shall receive custody of a child, the family court "must weigh all the conflicting rules and presumptions together with all of the circumstances of each particular case, and all relevant factors must be taken into consideration." Ford v. Ford, 242 S.C. 344, 351, 130 S.E.2d 916, 921 (1963). In other words, "the totality of the circumstances peculiar to each case constitutes the only scale upon which the ultimate decision can be weighed." Parris v. Parris, 319 S.C. 308, 310, 460 S.E.2d 571, 572 (1995).
We affirm the family court's award to Father of full physical and legal custody of S.R., because we believe it is clear the family court considered the peculiar circumstances before it
In both the June 2009 order and the November 2007 order underlying it, the family court painstakingly recorded explicit factual findings related to S.R.'s best interests. The June 2009 order cited Mother's refusal to transport S.R. to the sporting activities in which Father had enrolled her, refusal to cooperate with Father in caring for S.R.'s health, and inability to drop S.R. off timely according to the court-ordered visitation schedule. Concluding its factual findings, the family court found awarding Father physical placement as well as sole legal custody of S.R. was in S.R.'s best interest, was "absolutely necessary," and would provide an immediate remedy to the child-related conflicts between Mother and Father. The record fully supports both of these findings and the decision to award Father full custody of S.R.
We recognize there is some incongruity in the family court's November 2007 order awarding placement of S.R. to Mother in spite of its extensive findings regarding Mother's unfitness and inability to foster a relationship between S.R. and Father, as well as her otherwise poor judgment. Clearly, the family court would have been fully justified in not placing S.R. with Mother initially. In its November 2007 order, the family court described numerous disturbing incidents, including Mother's unnecessary calls to law enforcement during Father's visits (such as the call during S.R.'s tenth birthday party seeking removal of Father's mother and another call during Father's visitation with S.R. seeking to have Father and his brother removed from her home), Mother's report to the Guardian that Father was "on drugs,"
In view of these facts, the June 2009 order simply announced the family court's well-considered conclusion that Mother continued to exhibit a pattern of inflexibility and uncooperativeness in spite of the specific instructions and conditions the family court had imposed on S.R.'s placement with her. Accordingly, we find the family court's June 2009 grant to Father of physical and legal custody of S.R. simply confirmed that the original arrangement, which gave Mother physical placement of S.R. but Father legal custody of her, was not workable.
For the reasons discussed above, we find unpersuasive Mother's argument that the family court imposed its own standard on the custody determination, ignoring S.R.'s best interests and effectively creating an impermissible local rule. The family court was required to weigh "all the conflicting rules and presumptions ... together with all of the circumstances of each particular case" and to consider "all relevant factors." Ford, 242 S.C. at 351, 130 S.E.2d at 921. The facts identified by the family court, as well as others set forth in the Guardian's exhaustive report, reveal a complicated power struggle between Mother and Father, fueled by their religious and social views and occasionally punctuated by acts of personal antagonism. We find the family court conducted a thorough best-interests analysis, considered the totality of the circumstances before it, and properly awarded sole custody of S.R. to Father, with liberal visitation to Mother.
Next, Mother asserts the family court erred in failing to appoint a Guardian or consider S.R.'s wishes when determining custody. We disagree.
This issue pertains only to the family court's June 2009 order, which mentions neither a Guardian's custody recommendation nor S.R.'s wishes.
The family court did not abuse its discretion in failing to appoint a Guardian or consider S.R.'s preference as to custody. With regard to S.R.'s wishes, S.R. was nearly fourteen years old at the time of the June 2009 order and, therefore, old enough to form and communicate her own desires regarding custody. However, we find her age and circumstances weighed heavily against considering her preference. After conducting a thorough and detailed investigation prior to the 2007 hearing, the Guardian reported to the family court that Mother "[i]ndulged, petted and infantilized" S.R., while simultaneously subjecting S.R. to enormous pressure to view the parties as adversaries and protect Mother. The Guardian further noted S.R. responded to Mother by becoming inappropriately clingy. Both Dr. Horne and another witness who interviewed the parties and their children expressed concern that the relationship between Mother and S.R. was becoming enmeshed. Dr. Horne specifically recommended that the family court assign S.R.'s custody preference no weight. In
No basis existed for appointing a Guardian. The family court did not make the requisite finding that would have enabled it to involve a Guardian. See S.C.Code Ann. § 63-3-810(A) (2010) (permitting appointment of a Guardian only after a finding that the family court would "likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a[G]uardian"). On appeal, Mother argues a "substantial dispute" existed concerning S.R.'s health and care. The record reflects a substantial dispute existed between Mother and Father concerning whose healthcare decisions should prevail, in spite of the family court's order seating legal authority with Father. The record does not suggest any reason existed for the family court to believe it would not likely be fully informed about the case without the further assistance of a Guardian. Accordingly, the family court did not err in failing to appoint a Guardian before placing S.R. with Father.
At oral argument, Mother contended for the first time that the family court lacked subject matter jurisdiction to modify custody of S.R. in its June 2009 order. We disagree.
"The lack of subject matter jurisdiction can be raised at any time, can be raised for the first time on appeal, and can be raised sua sponte by the court." Town of Hilton Head Island v. Godwin, 370 S.C. 221, 223, 634 S.E.2d 59, 60-61 (Ct.App.2006). "Subject matter jurisdiction is the power of a court to hear cases in the general class to which the proceedings in question belong." Altman v. Griffith, 372 S.C. 388, 396 n. 2, 642 S.E.2d 619, 623 n. 2 (Ct.App.2007) (citing Dove v. Gold Kist, Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994)). The family court is a creature of statute, and, as such, it is a court of limited jurisdiction. State v. Graham, 340 S.C. 352, 355, 532 S.E.2d 262, 263 (2000). The family court has jurisdiction over child custody disputes. S.C.Code Ann. §§ 63-3-510(A)(1)(e), -530(A)(30) (2010).
We find the family court conducted the proper best-interests analysis prior to awarding Father both legal and physical custody of S.R. We further find the family court did not err in failing to appoint a Guardian or consider S.R.'s wishes when determining custody and placement. Finally, we find the family court did not lack subject matter jurisdiction over S.R.'s custody. Accordingly, the decision of the family court is
WILLIAMS and GEATHERS, JJ., concur.