Posted Thursday, July 8th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held
DSS safety plans don’t override custody/visitation orders
Posted Monday, July 5th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Miscellaneous, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
I typically don’t blog about unpublished opinions. Since they cannot be used as precedent, their holdings are unreliable guidance. Still, when the Court of Appeals
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
Temporary spousal support orders set no precedent
Posted Wednesday, May 26th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
One of the more common fallacies I hear family court litigants spout is the belief that a family court temporary order setting a spousal support
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
South Carolina Supreme Court poised to address arbitration of children’s issues
Posted Friday, May 7th, 2021 by Gregory Forman
Filed under Child Custody, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In 2019, the South Carolina Court of Appeals issued two published opinions holding that child-related family law issues (custody/visitation/child support) could not be arbitrated and
The Cat Lawyer has been Milkshake Ducked
Posted Sunday, February 14th, 2021 by Gregory Forman
Filed under Law and Culture, Not South Carolina Specific, Of Interest to General Public
This cultural tendency to search for everyone’s feet of clay is well captured by the 2016 Milkshake Duck meme. The meme is a reference to
Posted Friday, February 12th, 2021 by Gregory Forman
Filed under Law and Culture, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
A few weeks ago I had my first court hearing on the issue of whether a non-custodial parent should be forced to take one child
Daily finds Court of Appeals digging in the weeds of a multi-state visitation schedule
Posted Wednesday, February 10th, 2021 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
The February 10, 2021, Court of Appeals opinion in Daily v. Daily, 432 S.C. 608, 854 S.E.2d 856 (Ct.App. 2021), sees that court examining the
Posted Friday, January 22nd, 2021 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
The vast majority of family court cases resolve by agreement. Typically those agreements are made outside of court. Such agreements must be reviewed and approved
