Establishing paternity when the husband ain’t the daddy
Posted Thursday, March 20th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Paternity, South Carolina Specific
A few times a year I am contacted by a mother who wants to put her child’s biological father on the child’s birth certificate but
South Carolina takes small step toward insuring due process in child support collection
Posted Sunday, March 2nd, 2014 by Gregory Forman
Filed under Child Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
On February 28, 2014 the South Carolina Supreme Court promulgated the use of the following new form, SCCA 430S, which can be downloaded here, for
Should there be automatic de novo review of temporary custody and support orders?
Posted Thursday, January 30th, 2014 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process. This is because allowing such hearings to proceed on affidavits
How to help a family court litigant who failed to show up for trial
Posted Thursday, August 1st, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal
Failing to answer a family court complaint can be malpractice
Posted Thursday, July 18th, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Recently I was an expert witness [for the first time in my career] in a legal malpractice case. I was asked to provide an opinion
No lesson learned two years after the spanking
Posted Wednesday, May 1st, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
Two years after the United States Supreme Court reversed the South Carolina Supreme Court in Turner v. Rodgers, 131 S.Ct. 2507 (2011), I see no
Pre-trial order settling “personal property” precludes equitable distribution of retirement accounts
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical
Mediator full employment act hits the tri-county area
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
News today from the South Carolina Judicial Department announced a March 14, 2013 Supreme Court order making Berkeley, Charleston and Dorchester Counties subject to mandatory
When abuse and neglect and private custody cases overlap
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Child Custody, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Not infrequently a claim of abuse or neglect against one parent will lead another parent to seek custody. Other times a private custody case will
Seeking procedural relief before seeking substantive temporary relief
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent