Court of Appeals affirms family court’s denial of custody modification where child’s preference may have been the result of Father’s manipulative behavior

Posted Wednesday, July 19th, 2023 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals

The best family court mediators do not have 100% settlement rates

Posted Wednesday, July 19th, 2023 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The best family court mediators do not have 100% settlement rates. While I prefer a strong mediator—one who is willing to challenge the strengths and

Subpoena friendly witnesses to trial

Posted Friday, July 14th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial.  Actually, I’m surprised attorneys issue trial

Take the irreplaceables with you when you leave your spouse

Posted Wednesday, July 12th, 2023 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to Family Court Litigants

South Carolina does not allow actions for separate maintenance until spouses actually separate.  Thus, when an unhappy spouse who lacks fault grounds for divorce has

Clients who allow their attorneys to focus on “big picture” issues can hold down their fees

Posted Friday, June 23rd, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants

I like to think of myself as a “big picture” attorney, focusing on long- term solutions to my clients’ issues rather than addressing minor, one-time

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

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

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