Family law is the trailing indicator of cultural change
Posted Saturday, January 28th, 2023 by Gregory Forman
Filed under Jurisdiction, Not South Carolina Specific, Of Interest to General Public
Yesterday I lectured for the South Carolina Bar’s annual guardian ad litem training on the topic “Post-COVID Child Custody and Visitation Case Law Update (2020-2022).”
Posted Monday, January 23rd, 2023 by Gregory Forman
Filed under Jurisdiction, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
In 1971, South Carolina adopted article I, section 10 as part of the state constitution. That section reads, “The right of the people to be
Little known case has big impact on custody jurisdiction
Posted Friday, August 12th, 2022 by Gregory Forman
Filed under Child Custody, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Occasionally I blog on little known cases that I find myself referencing often. Thus today’s blog about Widdicombe v. Tucker-Cales, 366 S.C. 75, 620 S.E.2d 333
Posted Sunday, June 19th, 2022 by Gregory Forman
Filed under Child Support, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
It is pretty rare that the United States Supreme Court weighs in on family law matters. Thus, I’m surprised I didn’t hear more about its
Posted Wednesday, January 12th, 2022 by Gregory Forman
Filed under Divorce and Marriage, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
n.b. On May 4, 2022, the Court of Appeals issued a refiled opinion making a minor addition on the attorney fee award issue: Refiled Hayduk Opinion Makes
Court of Appeals addresses the modifiability of non-modifiable alimony
Posted Thursday, December 23rd, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 22, 2021, Court of Appeals opinion in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719 (Ct.App. 2021), addresses the modifiability of non-modifiable
Jurisdiction shopping while pregnant
Posted Sunday, November 3rd, 2019 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief
Posted Friday, September 14th, 2018 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
With Hurricane Florence slowly approaching Charleston and with South Carolina’s northeastern coast under a mandatory evaluation order, I’ve spent the past few days with my
Can non-custodial parents delegate their parenting time to third-parties?
Posted Tuesday, August 21st, 2018 by Gregory Forman
Filed under Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation
An issue that commonly arises in interpreting custody orders is whether the non-custodial parent is allowed to delegate his or her (in this culture, mostly
Was there wisdom in the “tender years” doctrine
Posted Monday, August 14th, 2017 by Gregory Forman
Filed under Child Custody, Jurisdiction, Law and Culture, Not South Carolina Specific, Of Interest to General Public
There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such