Materials for June 3, 2011 Handling Your First…. CLE

Posted Monday, June 6th, 2011 by Gregory Forman
Filed under Continuing Legal Education, Of Interest to Family Law Attorneys, South Carolina Specific

Anyone interested in obtaining an Adobe version of the materials from the June 3, 2011 Continuing Legal Education presentation on Handling Your First.... is welcome

Court of Appeals custody opinion further demonstrates the changed jurisprudence of post-Lewis appellate review of family court decisions

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

Reed v. Pieper, 393 S.C. 424, 713 S.E.2d 309 (Ct. App. 2011), is the second of two June 1, 2011 Court of Appeals opinions to demonstrate

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

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