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CHARLESTON CO. SOCIAL SERV. v. FATHER

No. 24184.

454 S.E.2d 307 (1995)

The CHARLESTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant, v. FATHER, STEPMOTHER, AND MOTHER, Defendants, of whom Father and Stepmother are Appellants, and Mother is Respondent. In the Interest of TWO MINORS UNDER THE AGE OF 18 YEARS, By their Guardian ad Litem, J. Gail RAHN, Appellant.

Supreme Court of South Carolina.

Decided January 23, 1995.

Attorney(s) appearing for the Case

Margaret D. Fabri, Charleston, for appellants Father and Stepmother.

Frampton Durban, Jr., Asst. Sol., Charleston, for appellant Charleston County Dept. of Social Services.

J. Gail Rahn, Charleston, appellant, guardian ad litem, for minor children.

Coming B. Gibbs, Charleston, and David H. Wilkins, Greenville, for respondent.

MOORE, Justice:

Appellant Charleston County Department of Social Services (DSS) commenced this action to remove two minor children from respondent's (Mother's) custody. Removal was granted. This appeal is from an order of a successor family court judge granting Mother a new trial under Rule 63, SCRCP.1 We reverse.

FACTS

Appellant (Father) and Mother divorced in December 1990 and custody of their two sons, aged...

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