August 2017

August 29th, 2017

The myth of the ironclad prenuptial agreement

Intolerable Cruelty, a lesser Coen Brothers movie, follows the courtship of an over-slick, high-powered divorce lawyer and a man-eating gold-digger, as they take turns getting over on the other. The plot’s Macguffin is the “Massey Pre-Nup,” an allegedly ironclad agreement that has never been successfully challenged. It is, obviously, a work of fiction. Most folks seeking […]

Of Interest to Family Law Attorneys

August 27th, 2017

Illiterate family court attorneys?

Whence came the South Carolina family court habit of pleading for procedural relief in initial pleadings? When I learned to draft pleadings in law school we didn’t plead for procedural relief. When I started my career doing personal injury law, we didn’t plead for procedural relief. If we needed procedural relief we filed motions. Yet, […]

Of Interest to Family Court Litigants

August 26th, 2017

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

Of Interest to Family Court Litigants

August 23rd, 2017

Best methods for equalizing physical custody

There are some custody cases that will only settle if both parties get equal time with the child(ren). Thus a sizable subset of custody cases settle with both parties getting at least 180 overnights a year. There are numerous ways one could theoretically create such a custody schedule but many of them are, frankly, stupid. […]

Not South Carolina Specific

August 18th, 2017

What do we mean by custody?

Parents come to my office wanting to litigate custody. Often they are not sure what it means but they know they want it. Terms like “sole custody,” “shared custody,” “joint custody,” and “primary custody” get mentioned and folks want to know what these terms mean. I really can’t answer. One reason I can’t answer is […]

Not South Carolina Specific

August 14th, 2017

Was there wisdom in the “tender years” doctrine

There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such gender based classifications cannot survive strict scrutiny as there is no “compelling governmental interest” that favors mothers over fathers in determinations of infant custody and, even if there were, a […]

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