Allen Lee Jacobs v. Ashley Nicole Zarcone
5901
| S.C. Ct. App. | Mar 2, 2022Background:
- Father (Allen Jacobs), a police officer, sought sole custody of two minor sons; he was killed in the line of duty during the litigation.
- In 2015 medical and DSS investigations found bruising on son D.J. consistent with child abuse and opened cases implicating Mother's husband, David Zarcone; DSS imposed safety plans prohibiting David's contact with the children.
- Mother (Ashley Zarcone) repeatedly allowed contact between David and the children in violation of safety-plan no-contact provisions; David was arrested for criminal domestic violence in June 2015.
- Temporary custody shifted from Mother to Father/Stepmother (Meghan Jacobs) under DSS safety plans; after Father’s death, Stepmother was awarded temporary, then sole custody following trial.
- The family court found Mother unfit (inability to protect the children, minimization of abuse allegations), found Stepmother was the children’s psychological parent, and awarded visitation to paternal grandparents; appellate court affirmed in part and vacated the de facto custodian finding.
Issues:
| Issue | Zarcone (Appellant) — Argument | Jacobs / Paternal Grandparents — Argument | Held |
|---|---|---|---|
| Mother's fitness to parent | Family court erred in finding her unfit; she completed DSS requirements and is capable of care | Mother repeatedly violated safety plans, minimized abuse, and would not protect children from David | Affirmed: Mother found unfit due to inability to protect children and minimization of abuse allegations |
| Use of Moore factors / custody shift to third party | Moore inapplicable because Mother never voluntarily relinquished custody to a third party | Moore factors appropriate guidance; best interests and Mother's fitness govern custody | Affirmed: Moore factors properly considered; custody to Stepmother appropriate given Mother's unfitness |
| Psychological parent / de facto custodian | Stepmother not a psychological parent; no parental void and relationship not long enough; de facto custodian finding improper | Stepmother acted in parental role, lived with and cared for children; father fostered relationship | Psychological-parent finding affirmed; de facto custodian finding vacated (statutory one-year residency not met) |
| Paternal grandparents' visitation | Visitation award improper—no evidence they were denied access | Grandparents had longstanding role; preserving ties to deceased father justified visitation | Affirmed: grandparent visitation awarded under statutory factors and best interests |
Key Cases Cited
- Moore v. Moore, 300 S.C. 75 (1989) (sets factors for custody when a natural parent seeks to reclaim a child from a third party)
- Baker v. Wolfe, 333 S.C. 605 (1998) (Moore may be inapplicable when relinquishment was to a parent and fitness/best interests control)
- Urban v. Kerscher, 423 S.C. 615 (2018) (presumption favoring natural parent applies only if parent is fit)
- Marquez v. Caudill, 376 S.C. 229 (2008) (elements required to establish a psychological-parent relationship)
- Middleton v. Johnson, 369 S.C. 585 (2006) (parental void concept and residency considerations for psychological-parent analysis)
- Bazen v. Bazen, 428 S.C. 511 (2019) (grandparent visitation may be warranted to preserve ties to deceased parent)