Court of Appeals, finding exceptional circumstances, affirms joint physical custody and divided legal custody

Posted Wednesday, April 26th, 2023 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the April 26, 2023, opinion in Greene v. Greene, 439 S.C. 427, 887 S.E.2d 157 (Ct.App. 2023), finding exceptional circumstances, the Court of Appeals

The appellate courts “may find bifurcation in family court is generally ill-advised”; I don’t

Posted Friday, April 21st, 2023 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Specific

This week, for the second time in four years, the South Carolina appellate courts published an opinion noting it is generally “ill-advised” for the family

Court of Appeals reverses finding of common-law marriage

Posted Thursday, April 20th, 2023 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the April 19, 2023, opinion in Sullivan-Carter v. Carter, 439 S.C. 406, 887 S.E.2d 146 (Ct.App. 2023), the Court of Appeals reversed a finding

Court of Appeals rejects textualist interpretation of South Carolina’s domestic abuse statute

Posted Wednesday, April 12th, 2023 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Protection from Domestic Abuse, South Carolina Appellate Decisions, South Carolina Specific

The April 12, 2023, Court of Appeals opinion in Taylor v. Taylor, 439 S.C. 272, 886 S.E.2d 716 (Ct.App. 2023), attempts to fill an obvious

Don’t forget the “why” questions

Posted Tuesday, March 21st, 2023 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel.  These experiences

Do you prefer pop quizzes or open book exams?

Posted Saturday, March 18th, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A sizable minority of my clients still prefer the telephone over email to get their questions answered.  I certainly understand the desire of dialogue to

In contested custody litigation, there’s no downside to kindness

Posted Saturday, March 4th, 2023 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

One of the quickest, easiest, and most effective “fixes” I can counsel my clients to do in contested custody litigation is to be kind to

In a dysfunctional parenting relationship, there’s better than even odds that you’re the problem

Posted Saturday, March 4th, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Most of my contested custody litigation, especially those requiring trial, involve parents in a dysfunctional co-parenting relationship.  The inability of these parents to get along

How to better survive cross examination

Posted Saturday, February 18th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Too often witnesses, especially litigants, treat cross examination as a battle of wits with the attorney questioning them.  This is a mistake. The easiest way

How a family court client can assist counsel during trial

Posted Tuesday, February 14th, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

This is part two of a two-part blog inspired/encouraged by a client whose custody case I tried this week.  Whereas part-one focused on what the

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