Court of Appeals affirms dismissal of divorce case in which husband did not meet South Carolina residency requirement

Posted Wednesday, January 12th, 2022 by Gregory Forman
Filed under Divorce and Marriage, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

n.b. On May 4, 2022, the Court of Appeals issued a refiled opinion making a minor addition on the attorney fee award issue: Refiled Hayduk Opinion Makes

Supreme Court reverses denial of grandfather adoption: finds adoption more stable than custody

Posted Wednesday, January 5th, 2022 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 January 5, 2022, Supreme Court opinion in Swain v. Bollinger, 435 S.C. 280, 866 S.E.2d 923 (2022), reversed a family court and Court of

2021 again has few published family law appeals–and even fewer greatly consequential ones

Posted Tuesday, January 4th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

While 2021 didn’t come close to the recent record for fewest published South Carolina family law appeals (six), the nine published opinions break little new

Court of Appeals addresses the modifiability of non-modifiable alimony

Posted Thursday, December 23rd, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 22, 2021, Court of Appeals opinion in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719 (Ct.App. 2021), addresses the modifiability of non-modifiable

“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

Thirty years a lawyer

Posted Friday, December 10th, 2021 by Gregory Forman
Filed under Not South Carolina Specific, Of Interest to General Public

Today marks the 30th anniversary of my admission to the Pennsylvania bar, where I practiced for nine months before moving to Charleston, South Carolina, and

Court of Appeals opinion resolves numerous minor legal issues regarding contempt

Posted Thursday, December 2nd, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 1, 2021, Court of Appeals opinion in Campione v. Best, 435 S.C. 451, 868 S.E.2d 378 (Ct.App. 2021), resolves a number of interesting

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

De Facto Custodian rights are more valuable than Grandparent Rights

Posted Wednesday, November 24th, 2021 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, South Carolina Specific, Visitation

Given the phone calls I receive from prospective clients, it appears that many more folks are aware of the concept of grandparent rights than they

Supreme Court reverses Court of Appeals determination that same-sex, common-law marriage could not exist prior to 2014

Posted Thursday, November 11th, 2021 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

The November 10, 2021, Supreme Court opinion in Swicegood v. Thompson, 435 S.C. 63, 865 S.E.2d 775 (2021), remedies the obvious error in the Court

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