How should the family court handle misbehaving stepparents in custody litigation?

Posted Tuesday, August 12th, 2014 by Gregory Forman
Filed under Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I have a fundamental jurisprudential difference with most of my family law colleagues and many of the state family court judges regarding how one should

Court of Appeals affirms custody determination despite claim of improper guardian investigation

Posted Friday, April 4th, 2014 by Gregory Forman
Filed under Child Custody, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The April 2, 2014 Court of Appeals opinion in Simcox-Adams v. Adams, 408 S.C. 252, 758 S.E.2d 206, (Ct. App. 2014), affirmed the family court’s award of

Marijuana use and child custody in South Carolina

Posted Tuesday, March 25th, 2014 by Gregory Forman
Filed under Child Custody, Law and Culture, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

One of my oldest and dearest friends was awarded custody of his two children and kept custody until they emancipated.  Not only was he openly

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

Demanding UCCJEA submissions before filing motions to dismiss child custody cases

Posted Thursday, August 29th, 2013 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

Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction

Why does South Carolina require court proceedings and a guardian ad litem for parents to change a child’s name by agreement?

Posted Friday, July 12th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

I occasionally get calls from folks wanting to change their child’s name.  Often both parents agree on the name change.  Yet South Carolina not only

Give ‘em enough rope

Posted Friday, July 12th, 2013 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

Sometimes, in contested custody cases, parents seek more time with the children than they actually want or can realistically handle.  The motivation can be malevolent:

Will your adult children dread visiting you?

Posted Thursday, March 28th, 2013 by Gregory Forman
Filed under Child Custody, Law and Culture, Not South Carolina Specific, Of Interest to General Public

I attended a hearing yesterday in which two seemingly caring parents of teenagers were, perhaps unwittingly, doing their best to destroy the other’s relationship with

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

Custody to the bigger breeder

Posted Tuesday, February 12th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

Unbeknownst to me until last week, on December 2, 2012 the South Carolina Supreme Court denied certiorari in the case of Moeller v. Moeller, 394

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