Archive for November, 2019
Posted Wednesday, November 20th, 2019 by Gregory Forman
Filed under Appellate Procedure, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
Last week I blogged about how the Supreme Court’s decisions in Lewis and Stoney–mandating a de novo standard of appellate review of family court factual findings–was making it more worthwhile to appeal family court orders. I noted last month’s oral argument in Conits v. Conits as an example of how this less deferential standard of […]
Tags: Equitable Distribution/Property Division, South Carolina Supreme Court, Unpublished Opinions
Posted in Appellate Procedure, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 13th, 2019 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The November 13, 2019, Court of Appeals opinion in Tomlinson v. Melton continues the appellate court’s disfavor of joint custody. In Tomlinson, the parties entered a custody agreement at the time of their 2011 divorce that gave Father primary physical custody and final decision making authority but gave Mother every other week from Wednesday to […]
Tags: Child Custody Modification, Joint Custody, South Carolina Court of Appeals
Posted in Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, November 12th, 2019 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
I thought it noteworthy when the Supreme Court remanded Stoney v. Stoney, 421 S.C. 528 , 809 S.E.2d 59 (2017), back to the Court of Appeals to apply an even less deferential (to the family court) standard of review for an appeal in which the Court of Appeals had granted the appellant practically everything she […]
Tags: Litigation Strategy
Posted in Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Thursday, November 7th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
No Comments »
Updating some of my blogs this morning to include citations to Southeastern Reporter and South Carolina Reports, I realized that the petition for rehearing in Stone v. Thompson, 428 S.C. 79, 833 S.E.2d 266 (2019), was denied on October 16, 2019. Until a petition for rehearing is denied or remittitur issues, a published opinion is […]
Tags: Common-Law Marriage
Posted in Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the November 6, 2019, case of Cooper v. SCDSS, 428 S.C. 402, 835 S.E.2d 516 (2019), the South Carolina Supreme Court found that the family court had improperly denied Foster Parents’ requests to intervene in DSS removal actions. The two sets of Foster Parents at issue had placement of Mother and Father’s three children […]
Tags: Consolidation, Department of Social Services, Family Court Procedure, Intervention, South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Child Custody, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
Many family law attorneys in the Charleston area were awaiting the Court of Appeals decision in Singh v. Singh, which was argued there this February. That appeal was supposed to determine whether child issues in family court could be arbitrated. While many family law attorneys were allowing such issues to be arbitrated, other family law […]
Tags: Arbitration, Child Custody, South Carolina Court of Appeals
Posted in Child Custody, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, November 3rd, 2019 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina in an attempt to force her to bear their child in South Carolina–and thus insure South Carolina had subject matter jurisdiction to […]
Tags: Child Custody, Jurisdiction, Uniform Interstate Child Custody Jurisdiction & Enforcement Act (UCCJEA)
Posted in Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Saturday, November 2nd, 2019 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
The October 30, 2019, South Carolina Supreme Court opinion in Bazen v. Bazen would be interesting if it merely tested the constitutionality of South Carolina’s most recent version of its grandparent visitation statute–more on that later. However, this case, which featured a mother who mouthed the proper pieties about encouraging a relationship between her children […]
Tags: Grandparent Visitation, South Carolina Supreme Court
Posted in Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
