The vital distinction between dismissal with prejudice and dismissal without prejudice
Posted Saturday, April 2nd, 2022 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
In family court there is a vital distinction between dismissal with prejudice and dismissal without prejudice. “A dismissal of a case without prejudice means that
Parents who allow unfit co-parents to provide unsupervised care for their child(ren) are also unfit
Posted Monday, February 14th, 2022 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
But for the human capacity for self delusions, I would find the ability of parents to claim their co-parent was unfit while they allowed that
It pays to be nice (especially in a custody case)
Posted Saturday, January 29th, 2022 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Early in my career, the standard procedure in contested custody cases was to throw as much mud at the other side as you could and
“May it Please the Court” should be retired: convince me I’m wrong
Posted Saturday, December 11th, 2021 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Perhaps I skipped law school class that day but I don’t recall being taught that I should begin every oral argument by reciting, “may it
Notice provisions in custody agreements
Posted Wednesday, December 1st, 2021 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
Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and
Subsequently discovered property provisions in equitable distribution agreements
Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed
Posted Tuesday, May 18th, 2021 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
I see a number of attorneys and pro se litigants who try to finesse the issue of final decision making authority by making both parents
Posted Tuesday, October 13th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
With the October 15th tax deadline approaching, I am receiving emails from numerous clients regarding disputes with their estranged spouse over how to file last
The Folly of Fighting Child Protective Services after a Merits Finding
Posted Thursday, July 2nd, 2020 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Early in my career, when family court attorneys were still being court appointed to represent indigent parents in abuse and neglect proceedings, I developed a
Things appellate attorneys could teach family law attorneys about trying cases
Posted Monday, May 25th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I’ve been lucky to stay busy during the COVID-19 pandemic and one reason I’ve been able to stay busy is a significant appellate practice. Thus,
