Name change appeal demonstrates how Lewis v. Lewis is changing appellate court family law jurisprudence

Posted Thursday, June 2nd, 2011 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The June 1, 2011 Court of Appeals opinion in Wilson v. McDonald, 393 S.C. 419, 713 S.E.2d 306 (Ct. App. 2011), is the first demonstration of

Should being the victim of a third-party’s Ponzi scheme entitle one to reopen a marital property settlement?

Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys

The May 30, 2011 New York Times reports a story about a husband, a partner at a powerful New York City law firm, attempting to

Loose lips sink judgship

Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Specific

Today [May 31, 2011] the Supreme Court publically reprimanded Magistrate James Oren Hughes for making an inappropriate comment to a law student attending a reception

Supreme Court drops burden to modify support agreements; holds requirement to maintain health insurance is a form of modifiable alimony despite parties’ waiver of alimony

Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 31, 2011 South Carolina Supreme Court opinion in Miles v. Miles, 393 S.C. 111, 711 S.E.2d 880 (2011),  remedies what many South Carolina family

The lunacy of the restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight ”

Posted Saturday, May 28th, 2011 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A common restraint in South Carolina family court orders involving custody or visitation with minor children is a restraint against “exposing the children to members

Beaten by implicit credibility determinations

Posted Friday, May 27th, 2011 by Gregory Forman
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18,

Timing the temporary hearing in your custody modification case

Posted Thursday, May 26th, 2011 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

Many family court attorneys reflexively seek a temporary change of custody when filing a lawsuit to change custody.  However, when seeking to change custody on

When “five days” is seven days (and can be ten days)

Posted Thursday, May 19th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

South Carolina Family Court Rule 21(a) allows Motions for Temporary Relief to “be served not later than five days before the time specified for the

Are court-appointed mediators underpaid and overcharging?

Posted Thursday, May 19th, 2011 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Though I greatly enjoy doing mediation work, there’s a reason I haven’t tried to make mediation a significant part of my legal practice: South Carolina’s

What exactly is an “asked and answered” evidentiary objection?

Posted Thursday, May 12th, 2011 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Often during trials, opposing counsel will object to a question I pose on cross examination as being “asked and answered.”  Too often I will note

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