Odd skirmishes in the battle over credibility

Posted Sunday, February 1st, 2015 by Gregory Forman
Filed under Geography:, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I recently completed a lengthy custody and divorce trial in which the judge asked both attorneys to draft proposed orders. This required us to consider

In praise of modest decision making in family court

Posted Sunday, February 1st, 2015 by Gregory Forman
Filed under Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to Family Law Attorneys

With a new family court judge for Charleston County due to be elected this week, the issue of the candidates’ attributes, and the bigger question

Do you want your attorney to be honest or to tell you want you want to hear?

Posted Friday, January 30th, 2015 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys

For the past few years I’ve been seeing an individual counselor who, despite being twenty years my junior, is much wiser than I. Recently we

It can be counterproductive to fight grounds in termination of parental rights cases

Posted Wednesday, January 28th, 2015 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A party bringing a termination of parental rights (TPR) case must prove, by clear and convincing evidence, both a statutory ground under S.C. Code §

Should one execute a formal agreement at the conclusion of mediation?

Posted Monday, January 26th, 2015 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

A frequent debate among my family law colleagues is whether one should have one’s client execute a formal agreement before concluding mediation if one has

How mediators and attorneys can make mediation more productive

Posted Saturday, January 24th, 2015 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

For attorneys and their clients there’s often much unproductive time during mediation. When the mediator is meeting with the opposing party, the attorney and client

Negotiating with a gun to one’s head

Posted Friday, January 23rd, 2015 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The family court won’t approve agreements that are obtained through coercion. However, “coercion” in this legal sense is quite different, and much more limited, than

Getting the child’s items returned at the end of visitation

Posted Wednesday, January 21st, 2015 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

Recently I prosecuted a rule to show cause in which one of my client’s goal was to get her child’s items returned. The father’s visitation

File an answer at or before the temporary hearing

Posted Tuesday, January 20th, 2015 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

One of the odd procedural quirks of South Carolina family law is that one can have a hearing seeking temporary substantive relief as part of

Eating our seed corn

Posted Monday, January 19th, 2015 by Gregory Forman
Filed under Law and Culture, Of Interest to General Public

Two recent news stories, one local and one national, highlight just how badly our society is doing caring for the majority of our children, especially

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