Mexican standoff: South Carolina Family Court version

Posted Wednesday, March 9th, 2011 by Gregory Forman
Filed under Child Custody, Divorce and Marriage, Litigation Strategy, Of Interest to General Public, South Carolina Specific

My client, the wife, was caught in flagrant adultery.  Husband filed for divorce and filed a motion for temporary relief seeking custody of the children and to have my client ordered to vacate the marital home (and for alimony too).  In South Carolina this is the equivalent of the opposing party having a gun to your client’s head.

Now if the South Carolina family courts overemphasize adultery in their custody determinations, they really overemphasize marijuana use.  In some states occasional marijuana use is irrelevant to custody; in South Carolina it’s fatal.  When my client noted that her husband smoked pot, I had my strategy…

A demand for a hair test at my client’s expense–with the threat of an expedited hearing if the request was refused–resulted in a positive test from husband for marijuana use.  Suddenly his temporary relief request looked less like a slaughter and more like a….

Mexican standoff, a slang term defined as a stalemate or impasse; a confrontation that neither side can foreseeably win.  Husband’s motion was withdrawn.  The parties are trying counseling.  Another South Carolina marriage is, temporarily, preserved.


One thought on Mexican standoff: South Carolina Family Court version

  1. Linda says:

    I just had one similar, where my client was committing adultery and opposing counsel requested a temporary hearing to have her vacate the residence, and seeking custody. . .but I didn’t have the “pot shield”. . .still got custody and the house incidental thereto, as well as a monthly income as an advance against equitable apportionment (she was a housewife, has not worked in ten years, and obviously not entitled to alimony). . . I’m happy, but still shaking my head. . .unbelievable

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.




Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.