Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the November 6, 2019, case of Cooper v. SCDSS, 428 S.C. 402, 835 S.E.2d 516 (2019), the South Carolina Supreme Court found that the
Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Child Custody, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
Many family law attorneys in the Charleston area were awaiting the Court of Appeals decision in Singh v. Singh, which was argued there this February.
Jurisdiction shopping while pregnant
Posted Sunday, November 3rd, 2019 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief
Posted Saturday, November 2nd, 2019 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 October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen, 428 S.C. 511, 837 S.E.2d 23 (2019), would be interesting if it
In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees
Posted Thursday, October 24th, 2019 by Gregory Forman
Filed under Attorney's Fees, Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton, 428 S.C. 460, 836 S.E.2d 351 (Ct. App. 2019), mostly affirms the family
Selecting a mediator: what are your goals?
Posted Tuesday, October 15th, 2019 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Unlike a guardian ad litem–whose work product and testimony may impact a judge’s decision at trial–the only thing the court will hear from the mediator
An evasive or incomplete answer is to be treated as a failure to answer
Posted Monday, October 14th, 2019 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I find it curious that attorneys routinely treat incomplete or evasive discovery responses as no big deal. From my reading, Rule 37(a)(3), SCRCP, could not
The guardian’s questionnaire is additional interrogatories
Posted Tuesday, September 17th, 2019 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
While not thought of as such, the guardian’s questionnaire is akin to additional (child-custody related) interrogatories. As an example, the current questionnaire of a local
Does your work product convey seriousness?
Posted Sunday, September 15th, 2019 by Gregory Forman
Filed under Law Practice Management, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
With every litigation both parties have the options of settlement or trial. One factor in deciding whether and on what terms to settle is how
The pitfalls of boilerplate supplemental interrogatories
Posted Saturday, September 14th, 2019 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I’m shocked how often I encounter supplemental interrogatories in family court in which the issuing attorney has clearly given no thought into how interrogatories might
