Supreme Court clarifies South Carolina Rules of Civil Procedure 3 and 15

Posted Thursday, August 16th, 2012 by Gregory Forman
Filed under Family Court Procedure, South Carolina Appellate Decisions, South Carolina Specific

The August 15, 2012 Supreme Court opinion in Mims v. Babcock Center, 399 S.C. 341, 732 S.E.2d 395 (2012), clarifies issues of civil procedure that have occasionally

South Carolina Supreme Court’s Suspension of Family Court Rule 24 for Title IV-D Cases

Posted Sunday, July 29th, 2012 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Two different family law attorneys have asked–nay demanded–that I blog about the July 19, 2012 South Carolina Supreme Court Administrative Order suspending application of South

Supreme Court approves parent’s taping of child’s telephone conversation

Posted Friday, July 13th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

Though not a family court appeal, the July 11, 2012 Supreme Court opinion in State v. Whitner, 399 S.C. 547, 732 S.E.2d 861 (2012), has important application to

Hammer holds party cannot collaterally attack family court order in circuit court

Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The June 6, 2012 Court of Appeals opinion in Hammer v. Hammer, 399 S.C. 100, 730 S.E.2d 874 (Ct. App. 2012), holds what I thought was

The limits of South Carolina Family Court Rule 7

Posted Friday, June 1st, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

South Carolina Family Court Rule 7 creates various evidentiary exceptions to the general rules of hearsay.  Some family law attorneys read this rule to allow

Should child custody be revisited every few years?

Posted Monday, May 21st, 2012 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There was a thoughtful Op-Ed piece in the May 20, 2012 New York Times titled “In Whose Best Interests?” by Ruth Bettelheim, a marriage and family

South Carolina Supreme Court promulgates rules for rules to show cause in family court

Posted Monday, April 30th, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

On April 30, 2012, the South Carolina Supreme Court finally created the long-awaited, oft-deferred family court rules for the handling of rules to show cause.

Caught in a circular firing squad

Posted Tuesday, March 13th, 2012 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Guardians Ad Litem, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I have increasingly come to the conclusion that being a guardian ad litem in South Carolina for private custody cases is an impossible task if

Forgoing divorce grounds corroboration based upon an “admission against interest”

Posted Tuesday, January 31st, 2012 by Gregory Forman
Filed under Divorce and Marriage, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

To prevent spouses from making up grounds for a divorce that they are not entitled to, South Carolina requires “corroboration” of divorce grounds to prevent

Mullarkey opinion utilizes S.C. Code Ann. § 63-3-530(A)(30) to allow clarification of equitable distribution award

Posted Thursday, January 26th, 2012 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

The January 25, 2012 Court of Appeals opinion in Mullarkey v. Mullarkey, 397 S.C. 182, 723 S.E.2d 249 (Ct. App. 2012), provides valuable guidance on how to

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