Demanding UCCJEA submissions before filing motions to dismiss child custody cases
Posted Thursday, August 29th, 2013 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
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction
South Carolina Supreme Court refuses to adopt the “putative spouse” doctrine
Posted Wednesday, August 28th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
In the August 28, 2013 opinion of Hill v. Bell, 405 S.C. 423, 747 S.E.2d 791 (2013), the South Carolina Supreme Court refused to adopt the “putative
Who does the guardian ad litem work for?
Posted Tuesday, August 27th, 2013 by Gregory Forman
Filed under Guardians Ad Litem, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Frequently guardians ad litem take direction regarding their investigation from the parents or attorneys for the parents without exercising their own independent judgment. Sometimes litigants
When seeking to modify child support, it’s imperative to file and serve a complaint
Posted Thursday, August 22nd, 2013 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation. However, when one is
Two unusual, and quite useful, family law supplemental interrogatories
Posted Friday, August 16th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Though South Carolina family law attorneys are limited to fifty supplemental interrogatories, the boilerplate supplemental interrogatories I encounter are often ill designed to capture useful
Posted Wednesday, August 14th, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
As noted in a blog earlier this year, I have despaired that our South Carolina appellate courts would ever find the requisite “ninety or more
Obtaining funding for an ongoing family court case
Posted Friday, August 9th, 2013 by Gregory Forman
Filed under Attorney's Fees, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Unless one filed a specific request for advance suit costs, at most motions for temporary relief the family court will only award fees (if it
Three reasons not to file a motion for temporary relief if the status quo is fine
Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I still often see other attorneys filing motions for temporary relief with their initial complaint even if the status quo is acceptable to their client.
Contempt sanction notice in family court orders
Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I actually have a form file, contempt sanction notice, that contains language I infrequently include at the bottom of proposed family court orders: Take notice
Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Cheated-upon spouses occasionally inquire whether they can sue the other man (or woman) for breaking up their marriage. In South Carolina the answer is no:
