Archive for the ‘Child Custody’ Category
Posted Wednesday, September 1st, 2010 by Gregory Forman
Filed under Aimed Primarily to Attorneys, Alimony/Spousal Support, Attorney's Fees, Child Custody, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
Have some sympathy for Family Court Judge Leslie K. Riddle, whose decision in the case of Marchant v. Marchant was affirmed as modified by the Court of Appeals with Wife successfully challenging one of the numerous decisions by Judge Riddle on whether and how to impute income to the Marchants. A review of the factual [...]
Tags: Alimony/Spousal Support, Attorney's Fees, Child Support, Imputation of Income, Judge Leslie K. Riddle, South Carolina Court of Appeals
Posted in Aimed Primarily to Attorneys, Alimony/Spousal Support, Attorney's Fees, Child Custody, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Wednesday, August 4th, 2010 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to General Public
18 Comments »
When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.” Occasionally, and much to my frustration, the judges would sometime accept this [...]
Tags: Child Custody, Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Child Custody, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to General Public | 18 Comments »
Posted Thursday, July 29th, 2010 by Gregory Forman
Filed under Aimed Primarily to Attorneys, Child Custody, Family Court Procedure, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The July 28, 2010 Court of Appeals opinion in High v. High presents little new analysis of custody law. Mother was awarded custody by the family court and this was affirmed by the Court of Appeals, primarily because it appeared that mother was the primary caretaker of the child, Father had gotten the child involved [...]
Tags: Child Custody, Litigation Strategy, Post-Trial Motions, South Carolina Court of Appeals, South Carolina Rules of Evidence
Posted in Aimed Primarily to Attorneys, Child Custody, Family Court Procedure, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, July 4th, 2010 by Gregory Forman
Filed under Aimed Primarily to Attorneys, Alimony/Spousal Support, Child Custody, Child Support, Family Court Procedure, Litigation Strategy, Property Division, South Carolina Specific
2 Comments »
It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement. Yet I know of two good reasons (there may be others) to file [...]
Tags: Alimony Modification, Child Custody Modification, Child Support Modification, Discovery, Family Court Procedure, Guardian ad litem, Litigation Strategy, Motions for Temporary Relief, Property Division
Posted in Aimed Primarily to Attorneys, Alimony/Spousal Support, Child Custody, Child Support, Family Court Procedure, Litigation Strategy, Property Division, South Carolina Specific | 2 Comments »
Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to General Public, South Carolina Specific
8 Comments »
I have been a past critic of the South Carolina Court of Appeals’ failure to publish opinions that do not meet the criteria of S.C. Code Ann. § 18-9-280 for leaving opinions unpublished. Sometimes I read an unpublished opinion that, to my thinking, clearly doesn’t meet that criteria and the only reason I can figure [...]
Tags: Child Custody, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Custody, Jurisprudence, Of Interest to General Public, South Carolina Specific | 8 Comments »
Posted Thursday, June 17th, 2010 by Gregory Forman
Filed under Aimed Primarily to Attorneys, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific
No Comments »
In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction. One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons [...]
Tags: Attorney's Fees, Child Custody, Child Support, Contempt Enforcement Rule to Show Cause, Litigation Strategy, Personal Jurisdiction
Posted in Aimed Primarily to Attorneys, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific | No Comments »
Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Aimed Primarily to Attorneys, Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, South Carolina Specific
No Comments »
I met with a father earlier this week for a consult. He mentioned that he had gone five months without seeing his teenage daughter and his rule to show cause to enforce his visitation was scheduled for a pre-trial but hadn’t been set for hearing. I found the matter distressing. As I have previous blogged [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, Jurisprudence, Litigation Strategy, Visitation
Posted in Aimed Primarily to Attorneys, Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, South Carolina Specific | No Comments »
Posted Tuesday, June 8th, 2010 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to General Public
7 Comments »
A lesson instilled as a child by my parents and teachers is that “it’s not just what you ask for; it’s how you ask for it.” The lesson was poorly absorbed as a child (my fault; not theirs) but I am learning it better as I get older. Nowhere in the practice of family is [...]
Tags: Child Custody, Joint Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to General Public | 7 Comments »