Archive for the ‘Not South Carolina Specific’ Category

Remedying the visitation of an emotionally abusive parent

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 upsetting. He begins: I honestly hope you’re still reading these comments, since your original post is a few years old. I’m going to go ahead and call bullshit on you […]

It’s called vigilantism

Of all of my blogs the one that has generated the most comments is Calling bullsh*t on custodial parents who let the children decide their visitation. Many of the comments come from non-custodial parents who believe they have been alienated from their children by the custodial parent. They applaud this blog. Many of the comments […]

(Don’t) Meet me halfway

There’s a hilarious scene in the movie Bad Santa in which the head of mall security, Gin (played by Bernie Mac) has discovered that the dipsomaniac Department Store Santa, Willie (played by Billy Bob Thornton), and his foul-mouthed Elf assistant, Marcus (played by Tony Cox), are actually con men who rob a different mall each year […]

Strategically permitting objectionable leading questions

Leading questions are questions that suggest their own answer. Typically they are statements masquerading as questions, such as: “You and your spouse separated on March 14, 2013?” The ability to ask leading questions is governed by Rule 611(c) of the South Carolina Rules of Evidence, which reads: Leading questions should not be used on the […]

Mutually assured dysfunction

Sadly, there are way too many custody in which both parents have “issues” that would lead their fitness to be questioned if the other parent raised them. Much like the United States and USSR, which stockpiled nuclear weapons they hoped never to use as a “mutually assured destruction” deterrent, these parents stockpile–but typically do not […]

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed and therefore terminated alimony, I blogged, “Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?” Seven months later the Court of Appeals finally affirmed a “continued cohabitation” alimony […]

Hobbling your own attorney

Folks hire attorneys to accomplish their legal goals. Too often those same folks hobble their attorneys by failing to remedy counterproductive behavior. It may be human nature to blame one’s problems on outside factors but it is astounding how often family court litigants refuse to correct the behaviors that undermine their legal goals. More than […]

Doubling down on stupid

Sometimes the greatest service an attorney can offer a client is to walk the client back from looming disaster. However it requires skill and experience to recognize that disaster awaits, and a different skill set to successfully convince the client that a conciliatory approach is necessary. A decent sized subset of domestic cases involve situations […]