South Carolina Court Case: Hardy v. Gunter

Diane Cannon Hardy and James Hardy, Appellants, v. Shane Courtland Cannon Gunter, Tyler Cannon Gunter, minors and John S. Gunter, Jr., Respondents. 

Opinion No. 3595 

COURT OF APPEALS OF SOUTH CAROLINA 

353 S.C. 128; 577 S.E.2d 231

January 14, 2003, Heard 

February 3, 2003, Filed 

Appeal From Oconee County. Tommy B. Edwards, Family Court Judge. 

AFFIRMED. 

COUNSEL:
Raymond William Godwin, of Greenville; for Appellants.

Robert K. Whitney, of Seneca; for Respondents. 

JUDGES:
ANDERSON, J. HEARN, C.J., and CURETON, J., concur. 

ANDERSON, J.
In this termination of parental rights case, Diane Cannon Hardy and James Hardy (mother and stepfather) appeal from an order of the family court denying their plea to terminate the parental rights of John S. Gunter, Jr. (the father) to his two minor children. We affirm.

FACTS/PROCEDURAL BACKGROUND

The mother and father were married in April 1988. They have two children, Shane and Tyler, born on November 18, 1992 and March 1, 1995, respectively. During the marriage, the father retired as a major from the United States Air Force, having earned two master's degrees during his military service.

The mother and father separated in June 1996. During the same month, the father admitted himself to the Anderson Area Medical Center Psychiatric Ward where he was diagnosed with depression and drug addiction.
The parties were divorced by order of the family court dated November 8, 1996. Pursuant to the divorce decree, which embodied the parties' settlement agreement, the mother was granted full custody of the children. Visitation for the father was held in abeyance pending the father's compliance with requirements that he obtain a psychological evaluation from the Veteran's Administration (VA) and approval to visit the children from the guardian ad litem. The order specifically provided that "upon receipt of the recommendation of the Guardian Ad Litem . . . the Court, without further hearing, may review the same and adopt the recommendation . . . as the order of this Court, however, either party may request a hearing on the visitation as recommended within 30 days of the receipt of such recommendation." Determination of the father's child support obligation was held in abeyance.
In December 1996, the father began receiving disability payments totaling $ 1,345 per month. n1 Simultaneously, the parties' children each began receiving $ 212 monthly social security checks related to the father's disability status. The father has made no additional support payments for the children.

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n1 The father's disabilities include degenerative joint disease, nine knee surgeries, posttraumatic stress disorder, attention deficit hyperactivity disorder, and peripheral nerve damage stemming from his participation in Desert Storm. 

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