Consider seeking judicial notice of what occurs in court

February 22, 2024

If more family law attorneys handled appeals they would likely consider using judicial notice during their trials.  Judicial notice can be used to draw the

Allegations and records determine outcomes

November 12, 2023

I suspect the concurrence new Supreme Court Justice Ketanji Brown Jackson authored in the case of Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023)

The danger of sandbagging witness lists and trial exhibits in discovery responses

November 11, 2023

The four standard interrogatories that are relevant to family court are basically questions about witnesses, expert witnesses, and trial exhibits.  Any initial request for production

Using the opposing party’s deposition in court

November 10, 2023

There are a number of reasons to take an opposing party’s deposition prior to trial.  Such depositions can limit what the other party can credibly

The hierarchy of witnesses for custody trials

October 26, 2023

Attempting to give guidance to various clients indicated a need for me to explain the hierarchy of witnesses for custody trials.  As I have noted

Visitation cases mandate a narrower focus than custody cases

October 6, 2023

Not all litigation over time with a child is actually a battle over physical custody of that child.  A subset of “custody” litigation involves only

Deposition goals differ from trial testimony goals

September 27, 2023

Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined

Court of Appeals affirms family court’s denial of custody modification where child’s preference may have been the result of Father’s manipulative behavior

July 19, 2023

In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals

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