Was there wisdom in the “tender years” doctrine
Posted Monday, August 14th, 2017 by Gregory Forman
Filed under Child Custody, Jurisdiction, Law and Culture, Not South Carolina Specific, Of Interest to General Public
There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such
Getting bossy with custody clients
Posted Saturday, July 1st, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts. While the
The best time to defeat a relocation case is before it’s filed
Posted Saturday, April 8th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
In my 20+ years of family law practice, I’ve yet to see a relocation case in which the requested relocation was solely for the child’s
Posted Friday, April 7th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
When custodial parents relocate, the non-custodial parent almost always suffers. Typically they lose the frequent contact with the minor child that helps sustain most parent-child
Does the De Facto Custodian statue limit or implicitly overrule Moore v. Moore?
Posted Friday, February 3rd, 2017 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the
Posted Friday, January 20th, 2017 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute
Little reason to attack the guardian at trial
Posted Sunday, January 15th, 2017 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Working on materials for an upcoming lecture on attorney/guardian interactions, I realized that it had been years since I last felt compelled to “attack” the
Is the lack of a set notice requirement in the UCCJEA a feature or a bug?
Posted Tuesday, December 13th, 2016 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated
(Unwittingly) Coaching the children
Posted Friday, November 25th, 2016 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
To most people “coaching” children in the context of custody and visitation cases is telling a child to lie to the judge (or the guardian,
Should custody be dealt with in a separate order?
Posted Thursday, October 27th, 2016 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I recently completed a divorce case in which all issues other than child custody settled in the middle of trial. With the court’s permission, I
