Collect evidence before filing for contempt
Posted Thursday, July 28th, 2022 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Earlier in my career I lost a sizable number of contempt petitions I prosecuted because my client lacked the evidence to substantiate his or her
The pitfalls of mandatory pre-litigation mediation provisions
Posted Tuesday, May 17th, 2022 by Gregory Forman
Filed under Litigation Strategy, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are
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
