Archive for the ‘Of Interest to Family Court Litigants’ Category
Posted Friday, May 10th, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The May 8, 2013 Supreme Court opinion in Broom v. Derrick affirmed a termination of parental rights (TPR) despite the appellant Mother having apparently completed the treatment plan from the removal action and being erroneously denied counsel at the beginning of the TPR proceedings. The Child at issue was initially removed from Mother’s care at [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 3rd, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The May 3, 2013 Court of Appeals opinion in SCDSS v. Cameron N. F. L. (dig those initials) reversed the termination of parental rights (TPR) of a nine year old special needs child because it found such termination was not in the child’s best interests. Both the factual and evidentiary issues in this case were [...]
Tags: South Carolina Court of Appeals, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Wednesday, May 1st, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
2 Comments »
Two years after the United States Supreme Court reversed the South Carolina Supreme Court in Turner v. Rodgers, 131 S.Ct. 2507 (2011), I see no evidence that our family court system has taken any of Turner’s ruling to heart. This is partially the fault of our state Supreme Court, which has failed to exercise its [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, Jurisprudence
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 2 Comments »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support Guidelines on an annual basis. In [...]
Tags: Child Support Modification, South Carolina Court of Appeals
Posted in Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical litigant is that such property is the household furnishings–what a homeowner’s policy might consider “contents.” However, from a purely legal standard, personal property is any property that isn’t real estate. [...]
Tags: Equitable Division/Property Division, Family Court Procedure, South Carolina Court of Appeals, Thomas F. McDow
Posted in Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Friday, March 22nd, 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
1 Comment »
Folks who refuse to comply with their court-approved agreements but then ask you to renegotiate those agreements to make them more to their liking are akin to domestic abusers attempting to sweet talk their way back into the home. Which makes the folks who agree to renegotiate agreements that the other side won’t obey…..abused. Just [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 1 Comment »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
9 Comments »
News today from the South Carolina Judicial Department announced a March 14, 2013 Supreme Court order making Berkeley, Charleston and Dorchester Counties subject to mandatory alternative dispute resolution for “cases filed in the circuit court and the family court on or after June 1, 2013.” Previously the local family courts were pretty uniform about requiring [...]
Tags: Family Court Procedure, Mediation/Alternative Dispute Resolution
Posted in Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 9 Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the March 20, 2013 opinion in SCDSS v. Sarah W., a divided South Carolina Supreme Court reinstated a termination of parental rights and rejected a challenge to the constitutionality of S.C. Code § 63-7-2570(8), which allows parental rights to be terminated when “[t]he child has been in foster care under the responsibility of the [...]
Tags: South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
