Court of Appeals reopens equitable distribution due to “fraud upon the court”

Posted Wednesday, August 26th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 26, 2020, Court of Appeals opinion in Sanders v. Smith presents an unusual resolution of a Rule 60 motion. Husband filed divorce proceedings

The explicable, but almost certainly unconstitutional, restraint on parents and spouses posting to social media

Posted Friday, August 21st, 2020 by Gregory Forman
Filed under Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public

A few months ago, the New York Times posted a story, Divorcing Parents Have a Right to Post Their Stories Online, Court Says, discussing a

Court of Appeals issues opinion involving unusual three-way custody/visitation battle between non parents

Posted Wednesday, August 19th, 2020 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 19, 2020 Court of Appeals opinion in Turner v. Thomas, 431 S.C. 527, 848 S.E.2d 353 (Ct.App. 2020), involved a highly unusual custody

Five items of technology that improve the efficiency of the family law attorney-client relationship

Posted Saturday, August 15th, 2020 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants

Some family law litigants simply “don’t do technology.” That resistance slows their case and costs them money. There are five items of technology that every

Court of Appeals affirms custody modification and continuance denial

Posted Friday, August 7th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions

This opinion was slightly revised on December 9, 2020: Refiled Sellers Opinion Adds One Footnote And One Clarification The August 5, 2020 Court of Appeals opinion in

The interactions of abuse and neglect placement plans with return of the child

Posted Wednesday, July 29th, 2020 by Gregory Forman
Filed under Attorney-Client Relations, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Any time a family court finds a parent has abused or neglected his or her child, it will offer that parent a placement plan (sometimes

South Carolina Court of Appeals issues unprecedented custody reversal

Posted Wednesday, July 22nd, 2020 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 22, 2020, opinion in Alukonis v. Smith, 431 S.C. 41, 846 S.E.2d 600 (Ct.App. 2020), creates new law on numerous issues regarding custody

The time to fix your parenting issues is before the other parent discovers them

Posted Tuesday, July 21st, 2020 by Gregory Forman
Filed under Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public

Ernest Hemingway said he went bankrupt “gradually, then suddenly.” That’s the way a lot of custodial parents lose custody. Some of the more frustrating custody

Court of Appeals affirms $250,000 fee and cost award (but remands the issue of payment deadline)

Posted Wednesday, July 15th, 2020 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 15, 2020 Court of Appeals opinion in Couch v. Couch, 431 S.C. 170, 847 S.E.2d 260 (2020), affirmed a family court order requiring

The Folly of Fighting Child Protective Services after a Merits Finding

Posted Thursday, July 2nd, 2020 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Early in my career, when family court attorneys were still being court appointed to represent indigent parents in abuse and neglect proceedings, I developed a

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