Vacating court approved agreements

Posted Saturday, May 12th, 2018 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, South Carolina Specific

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer

Smith case reveals judges do more than simply call balls and strikes

Posted Friday, May 11th, 2018 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of

Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption

Posted Wednesday, May 9th, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 9, 2018 Supreme Court opinion in SCDSS v. Smith, 423 S.C. 60, 814 S.E.2d 148 (2018), reverses a 2017 Court of Appeals opinion, terminates father’s

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

Posted Monday, May 7th, 2018 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

Posted Wednesday, May 2nd, 2018 by Gregory Forman
Filed under Child Custody, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 2, 2018 Court of Appeals opinion of Clark v. Clark, 423 S.C. 596, 815 S.E.2d 772 (Ct. App. 2018), is one of the rare

Three methods of reducing the impact of an unfavorable guardian ad litem report

Posted Friday, April 20th, 2018 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

The typical response of an unhappy litigant to an unfavorable guardian ad litem report is to accuse the guardian of bias. While in rare instances

Supreme Court clarifies standard of review on family court appeals (and the Stoney appeal may never end)

Posted Wednesday, April 18th, 2018 by Gregory Forman
Filed under Appellate Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of

Attorney-client privilege’s crime-fraud exception in family court

Posted Monday, April 16th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys

The recent FBI search of the records of Michael Cohen, President Trump’s attorney, has raised issues of attorney-client privilege and the crime-fraud exception to that

Supreme Court issues slightly modified opinion in Ex-Parte: Carter

Posted Wednesday, April 11th, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter, 422 S.C. 623, 813 S.E.2d

Supreme Court authorizes collateral attack on adoption due to significant procedural irregularities

Posted Wednesday, March 21st, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B. the opinion discussed below was subsequently slightly modified. See Supreme Court issues slightly modified opinion in Ex-Parte: Carter. The phrase Kafkaesque is an overused cliche

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