Recently I fussed at a guardian of whom I am quite fond. It’s never comfortable to fuss at folks one likes but I come from a culture where it’s considered better form to let others know one’s expectations than to remain silent and not allow others to meet these expectations or explain why they are [...]
Posts Tagged ‘Guardian ad litem’
My expectations for the guardian ad litem
Posted Thursday, December 17th, 2009 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
Tags: Child Custody, Gregory Forman, Guardian ad litem, Litigation Strategy
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Should a guardian ad litem have to “bless” every child custody agreement?
Posted Saturday, November 14th, 2009 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
1 Comment »
When parents seek approval of any agreement that resolves a dispute over a child’s custody, the family court judge looks to the guardian ad litem and asks the guardian whether the agreement is “in the best interests of the child?” Even if the guardian is not seeking to prevent approval of the agreement, I do not [...]
Tags: Child Custody, Guardian ad litem, Jurisprudence
Posted in Child Custody, Guardians Ad Litem, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 1 Comment »
In a DSS abuse and neglect case, when the treatment plan is resolved, should the guardian ad litem have an opinion on the merits?
Posted Friday, November 13th, 2009 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Guardians Ad Litem, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
No Comments »
I have mediated a couple of DSS abuse and neglect cases recently in which the treatment plan was resolved (that is, everyone agreed what the defendant(s) needed to do to resume contact or custody of the children at issue) but in which the merits (that is, whether or not the defendant(s) had abused or neglected the [...]
Tags: Child Abuse and Neglect, Department of Social Services, Guardian ad litem, Jurisprudence
Posted in Department of Social Services/Child Abuse and Neglect, Guardians Ad Litem, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Does procedural due process mandate testimony at family court temporary hearings in South Carolina?
Posted Thursday, August 27th, 2009 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
Our Supreme Court is confused and conflicted on testimony at family court temporary hearings. Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may [...]
Tags: Family Court Procedure, Gregory Forman, Guardian ad litem, Jurisprudence, Litigation Strategy, Motions for Temporary Relief
Posted in Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Small small victory
Posted Wednesday, July 29th, 2009 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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An appeal I handled for a local colleague, Douglas Barker, resulted in a published opinion today (July 29, 2009) from the Court of Appeals in Spreeuw v. Barker, 385 S.C. 45, 682 S.E.2d 843 (Ct. App. 2009). It represents a small, perhaps Pyrrhic, victory. Ms. Spreeuw did not prevail in a single issue in her [...]
Tags: Attorney's Fees, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Gregory Forman, Guardian ad litem, South Carolina Court of Appeals
Posted in Attorney's Fees, Child Custody, Child Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Supreme Court decision reestablishes deference to family court judges’ credibility findings
Posted Monday, June 15th, 2009 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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I have been eagerly awaiting today’s [June 15, 2009] South Carolina Supreme Court decision in McCrosson v. Tanenbaum, 383 S.C. 150, 679 S.E.2d 172 (2009). Not only was this one of the more notorious recent child custody cases in my county, but the Court of Appeals opinion 375 S.C. 225, 652 S.E.2d 73 (Ct.App. 2007) that the Supreme Court [...]
Tags: Child Custody, Credibility, Divorce, Guardian ad litem, Jurisprudence, Malcolm Gladwell, Mark Andrews, New Yorker, South Carolina Supreme Court
Posted in Child Custody, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »