Archive for the ‘Jurisprudence’ Category
Posted Tuesday, January 31st, 2012 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
5 Comments »
I’m no social conservative but, contrary to many South Carolina family law attorneys and judges, I believe that a parent’s adultery is almost automatically relevant on the issue of child custody when such adultery demonstrates a spouse’s failure to honor his or her commitment of sexual fidelity to a spouse. South Carolina case law generally [...]
Tags: Adultery, Child Custody, Jurisprudence
Posted in Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 5 Comments »
Posted Monday, January 30th, 2012 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Child Custody, Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public
7 Comments »
A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year-old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a “best interests of the child” standard is applicable. For custody cases [...]
Tags: Adoption, Capobianco, Charleston Post & Courier, Child Custody, Jurisprudence, Nikki Haley, Paternity
Posted in Adoption/Termination of Parental Rights, Child Custody, Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public | 7 Comments »
Posted Friday, January 20th, 2012 by Gregory Forman
Filed under Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
1 Comment »
I sometimes think there is some hidden law titled, “The South Carolina Family Law Attorney Full Employment Act,” which requires family court judges to issue child-related restraining orders so vague that, in theory, an infinite number of attorneys could spend an infinite amount of time arguing about whether that restraint has been violated. Such is [...]
Tags: Child Custody, Jurisprudence
Posted in Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public | 1 Comment »
Posted Saturday, January 7th, 2012 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
Two of my frequent complaints are that South Carolina family law attorneys don’t appeal enough of the decisions they believe are unjust and that the South Carolina appellate courts don’t publish enough of their family court decisions. As a result of these two factors, the development of family law in South Carolina fails to [...]
Tags: Jurisprudence, South Carolina Court of Appeals, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Friday, December 23rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In South Carolina, child support, child custody and permanent periodic alimony can all be modified upon a showing of “substantial change of circumstances.” However, there is an exception to this general principle: if the change of circumstances was anticipated at the time of the previous final order, then the change of circumstances is not a [...]
Tags: Alimony Modification, Jurisprudence, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 16th, 2011 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009. Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, [...]
Tags: Child Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Monday, November 14th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific
7 Comments »
This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer. None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice. I have firm opinions on the correct answer to some of [...]
Posted in Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific | 7 Comments »
Posted Thursday, November 3rd, 2011 by Gregory Forman
Filed under Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to General Public
10 Comments »
Yesterday, eight years, eleven months and eleven days since I began representing my family law colleague Douglas Alan Barker, I closed his file after successfully regaining him sole legal and physical custody of his younger daughter and setting mother’s child support obligation on her income from a high paying job in Nashville. What a long, [...]
Tags: Child Custody, Douglas Alan Barker, Jurisprudence
Posted in Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to General Public | 10 Comments »
