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

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