Posts Of Interest to Family Law Attorneys

The joy of supersedeas

A much younger family law colleague of mine texted me earlier this week, informing me that she was successful in her first attempt at supersedeas. After a testimonial hearing on a placement plan for a child in DSS custody, the family court judge ordered that the child her foster-parent clients had been raising almost since […]

Supreme Court sets procedures for family court attorney fee awards

The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist sets forth procedures to be used in setting attorney fee awards in family court cases. This opinion recognizes the difficulties of preserving fee award issues when the litigants don’t know the court’s decision on attorney’s fees until the court renders its decision. […]

Litigating child custody does not, by itself, create personal jurisdiction for child support

Due to an increasingly mobile society, child custody litigation often moves to different states over a child’s minority. When both parents and the child no longer live in the state that issued the most recent child support order, or when the issuing state declines modification jurisdiction because the child has been absent from the state […]

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?

On October 1, 2014, and for a second time, the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs, 409 S.C. 347, 762 S.E.2d 30 (Ct. App. 2014). Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal […]

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 […]