What you think, what you know, and what you can prove

October 14, 2017

One goes into a hearing or trial trying to establish various facts that will hopefully lead the court to rule in the desired manner. However

Getting arbitration awards turned into court orders (or preventing it from happening)

October 5, 2017

Many of my colleagues are turning to arbitration to resolve family law disputes. Few seem aware that an arbitrator’s award does not automatically become a

Building better restraining orders

September 20, 2017

A few weeks ago I blogged about what I considered ill-conceived child custody restraining orders. These restraints criminalized behavior that, while not ideal, are hardly

Falling into the tiger pit of prior consistent statements

September 9, 2017

About a decade ago I represented a pre-teen girl in a DSS abuse and neglect case in which she alleged her stepfather had sexually abused

The myth of the ironclad prenuptial agreement

August 29, 2017

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

Illiterate family court attorneys?

August 27, 2017

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

South Carolina child custody restraining orders I really hate

August 26, 2017

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

Best methods for equalizing physical custody

August 23, 2017

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

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