Changing family formation and the practice of family law

Posted Friday, August 2nd, 2013 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public

The past twenty years have seen rapid demographic changes in family court clientele.  I am seeing fewer divorces among the professional/managerial classes and seeing more

How to help a family court litigant who failed to show up for trial

Posted Thursday, August 1st, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal

When can a family law attorney be required to pay the other party’s fees?

Posted Thursday, July 25th, 2013 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, South Carolina Specific

A few weeks ago one of my mentees inquired whether there were circumstances in which an attorney could be required to pay the other party’s

Grasping at straws

Posted Wednesday, July 24th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Not South Carolina Specific, Of Interest to General Public, South Carolina Appellate Decisions

Many family law attorneys I know have mixed feelings about the outcome of Adoptive Couple v. Baby Girl.  State and federal laws make it more

Seeking protective orders for private investigator information

Posted Friday, July 19th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs).  However, even when such PIs

Failing to answer a family court complaint can be malpractice

Posted Thursday, July 18th, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Recently I was an expert witness [for the first time in my career] in a legal malpractice case.  I was asked to provide an opinion

In 3-2 decision, South Carolina Supreme Court orders immediate adoption in Indian Adoption case

Posted Wednesday, July 17th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

In a 3-2 decision today [July 17, 2013] in the case of Adoptive Couple v. Baby Girl, 404 S.C. 483, 746 S.E.2d 51 (2013), the South

Why does South Carolina require court proceedings and a guardian ad litem for parents to change a child’s name by agreement?

Posted Friday, July 12th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

I occasionally get calls from folks wanting to change their child’s name.  Often both parents agree on the name change.  Yet South Carolina not only

Give ‘em enough rope

Posted Friday, July 12th, 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

Sometimes, in contested custody cases, parents seek more time with the children than they actually want or can realistically handle.  The motivation can be malevolent:

Well it seemed obvious to me

Posted Wednesday, July 3rd, 2013 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I’ve avoided blogging about the June 12, 2013 Supreme Court opinion in Ware v. Ware, 404 S.C. 1, 743 S.E.2d 817 (2013), until remittitur issued, not wanting

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