Archive for the ‘Child Custody’ Category
Posted Thursday, March 28th, 2013 by Gregory Forman
Filed under Child Custody, Law and Culture, Not South Carolina Specific, Of Interest to General Public
4 Comments »
I attended a hearing yesterday in which two seemingly caring parents of teenagers were, perhaps unwittingly, doing their best to destroy the other’s relationship with these children. At the conclusion of the hearing the judge addressed the parties with advice that I had never heard before. I paraphrase: I am the father of adult children. [...]
Tags: Parenting
Posted in Child Custody, Law and Culture, Not South Carolina Specific, Of Interest to General Public | 4 Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Child Custody, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
1 Comment »
Not infrequently a claim of abuse or neglect against one parent will lead another parent to seek custody. Other times a private custody case will lead to a referral to the Department of Social Services (DSS), which leads that agency to bring an abuse and neglect proceeding. Either way, the result is concurrent DSS abuse [...]
Tags: Child Custody, Department of Social Services, Family Court Procedure
Posted in Child Custody, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 1 Comment »
Posted Tuesday, February 12th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
7 Comments »
Unbeknownst to me until last week, on December 2, 2012 the South Carolina Supreme Court denied certiorari in the case of Moeller v. Moeller, 394 S.C. 365, 714 S.E.2d 898 (Ct. App. 2011), thus enshrining into South Carolina appellate case law one of the stupidest bases to award (heck, reverse) custody that our appellate courts [...]
Tags: Child Custody, Jurisprudence
Posted in Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 7 Comments »
Posted Thursday, January 24th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
While our family court jurisdictional statute, S.C. Code § 63-3-530(42), allows judges “to order joint or divided custody where the court finds it is in the best interests of the child,” South Carolina case law looks unfavorable on splitting custody of children. See e.g., Patel v. Patel, 359 S.C. 515, 599 S.E.2d 114, 121 (2004) [...]
Tags: Child Custody, Jurisprudence, Split Custody
Posted in Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Thursday, January 17th, 2013 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
South Carolina Code §63-3-810(A)(1) allows the family court to appoint a guardian ad litem in a private custody case when “without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem.” Thus attorneys routinely consent [...]
Tags: Child Custody, Guardian ad litem, Litigation Strategy
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Thursday, January 10th, 2013 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
How an attorney should react when a client’s child speaks ill of the client is often dependant upon things young attorneys (and often even experienced attorneys) fail to consider. Stepping back and analyzing the source and the accuracy of the report is the necessary first step. Let’s consider a situation in which a third-party reports [...]
Tags: Child Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Wednesday, November 14th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The November 14, 2012 Court of Appeals opinion in Lewis v. Lewis, 400 S.C. 354, 734 S.E.2d 322 (Ct. App. 2012), provides some guidance on imputing income to unemployed spouses and parents and deciding whether to award joint custody. In Lewis, the family court denied Husband’s request for joint custody and imputed monthly income to him of [...]
Tags: Attorney's Fees, Child Custody, Child Support, Joint Custody, South Carolina Court of Appeals
Posted in Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Saturday, October 6th, 2012 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
Twenty years experience shows that there’s some validity to Robert Rosen’s jaundiced view of guardians ad litem in private custody cases, best expressed by the title of one of his articles for South Carolina Lawyer: “Getting Rid of the GAL: How to Save Your Client from Those Expensive, Unnecessary Officious Intermeddlers.” As Rosen’s article notes: [...]
Tags: Child Custody, Guardian ad litem, Litigation Strategy, Robert Rosen
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
