Archive for June, 2019

Don’t forget rebuttal

One of the biggest mistakes I see my family court colleagues making is forgoing the opportunity to present rebuttal (sometimes called reply) testimony. Rebuttal is the testimony the Plaintiff presents to rebut the testimony the Defendant presented in his or her case in chief. No attorney who handles family court appeals–and is presented with a […]

The surprising breadth of res judicata

At this point in my career, it’s rare I learn anything significant about legal doctrines from opposing counsels. However, earlier this week, I was completely schooled by an attorney, Jeffrey Thomas Watson, three years out of law school about the breadth of the res judicata doctrine. That doctrine holds that issues that have been completely […]

Not pleading for a guardian (or discovery)

Last week I prosecuted a motion to appoint a guardian ad litem for the child at issue in a custody case (along with requests for other relief). The opposing counsel opposed this request. In support of his opposition he noted that my complaint had not sought a guardian as part of the relief I was […]

The interaction of the De Facto Custodian statute and the Moore factors

There are numerous recurring issues in South Carolina family law that ultimately will need to be resolved by our appellate courts. One of the more interesting ones–because it is both relatively common and extremely consequential–is the interaction of the De Facto Custodian statute and the Moore factors. The Moore factors were created by the 1989 […]

Alimony for the less ambitious spouse

On June 6, 2019, I argued an appeal in the Court of Appeals that involved a novel issue that I expect to become increasingly common. The family court ordered my client, the Appellant/Wife (I was not the trial attorney), to pay significant permanent periodic alimony to her now Ex-Husband. Unhappy with the both amount and […]

 

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