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
A retired family court judge’s view of the import of Lewis v. Lewis
Posted Thursday, May 12th, 2011 by Barry Knobel
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
From guest blogger, the Formerly Honorable Barry W. Knobel. I jokingly refer to Barry W. Knobel as “formerly honorable” because he stepped down from the family
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
As someone who has an expansive web site and blog devoted, in part, to marketing my family law practice, I am highly interested in Supreme
Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990
Supreme Court engages in scholarly debates on standard of appellate review of family court orders
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 9, 2011 opinion in Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011), finds the South Carolina Supreme Court engaging in a scholarly
“Shotgunning” motions to compel discovery
Posted Friday, May 6th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
While the rules of civil procedure don’t create a distinction, there are really two types of motions to compel discovery. The first type of motion
In 3-2 decision, Supreme Court takes narrow view of unwed father’s parental rights
Posted Thursday, May 5th, 2011 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions
The creation of parental rights and responsibilities for unwed fathers are hardly reciprocal. The state, the mother, or the child’s guardian can come after an
