Posts Of Interest to Family Law Attorneys

South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia. This means it is likely inevitable that all […]

The Benefits of Co-Mediation in Family Court

Karen Klickstein-Forman and I spoke today for the Mediation and Meeting Center of Charleston on The Benefits of Co-Mediation in Family Court. Karen drafted the materials below.  A word file of these materials can be downloaded here. Co-Mediation is a style of mediation that involves multiple mediators, usually two, which in some way may compliment […]

Third time’s a charm?

For a second time the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs. Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal of the language “accusing Wife of adultery” from the FACTS/PROCEDURAL HISTORY section.

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper. This rapid resolution demonstrates the […]

Shameless plug for Co-Mediation CLE

My better half, Karen Klickstein-Forman, and I will be presenting on The Benefits of Co-Mediation for Family Court as part of the Mediation and Meeting Center of Charleston’s monthly breakfast. This CLE will take place on October 2, 2014 from 8:00 to 9:00 a.m. at Kitchen 208. Attendance is free and it is one hour […]

Remedies for the evasive deposition witness

Few areas of litigation practice are more frustrating than deposing an evasive, hostile or obnoxious witness. In the courtroom setting, a witness who acts these ways will be admonished by a judge to stop. If the witness continues that behavior, criminal contempt–sending the witness briefly to jail until he or she behaves–is an available sanction. […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v. Massey is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over their Son. In Massey the parents’ two […]

Checklist of questions whose answers can derail a custody or visitation case

I tried a custody case last month in which I learned a few weeks prior to trial that my client was using marijuana approximately once a month. What had previously seemed a strong case for custody no longer was. While many of the issues that can derail a South Carolina custody case seem pretty obvious, […]