Respecting the ongoing duty to supplement written discovery responses
February 5, 2016
South Carolina case law recognizes the fundamental importance of discovery to preparing a lawsuit for trial: The primary objective of discovery is to ensure that
That ship has sailed (or implicitly condoning past child abuse or neglect)
February 5, 2016
A decent subset of my custody and visitation cases have one parent raising abuse or neglect allegations that predate an agreement (whether a temporary consent
The problems in splitting children’s expenses based upon undefined “pro rata income shares”
January 8, 2016
I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”]
The difficulties relocating with children merely because the stepparent is moving
December 16, 2015
Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse
Desperation to settle makes favorable settlement more difficult
December 13, 2015
I am often confronted by clients wanting me to reach out, yet again, to a recalcitrant opposing counsel or party about settling their cases. Typically, when
Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
December 11, 2015
Any contest requires an agreement on the rules, in advance, to proceed properly. Many people have variations on Milton Bradley’s “official” Monopoly rules. When these
The risks of rushing into a final order on custody or visitation
December 2, 2015
Most people, at least those who are thoughtful and mature, try to avoid protracted and contentious litigation. This is especially true for custody and visitation
Remedying the visitation of an emotionally abusive parent
November 27, 2015
A reader left a comment today on my blog, Calling bullsh*t on custodial parents who let the children decide their visitation that I found deeply
