Of Interest to Family Law Attorneys

Getting the Child Heard lecture

Posted Wednesday, February 10th, 2010 by Gregory Forman
Filed under Child Custody, Continuing Legal Education, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

My materials for a February 9, 2010 National Business Institute lecture on Advance Family Law are available here:  Getting the Child Heard

Supreme Court reaffirms that professional goodwill is not marital asset; finds abuse of discretion in family court’s alimony award but provides no explanation to justify its modified award

Posted Monday, January 11th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Today’s Supreme Court opinion in Dickert v. Dickert, 387 S.C. 1, 691 S.E.2d 448 (2010), resolved interesting issues of equitable distribution and alimony.  However on the

Court of Appeals clarifies standards for service of notice of UIFSA action and issuance of child support bench warrant

Posted Tuesday, January 5th, 2010 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 30, 2009 Court of Appeals opinion in SCDSS v. Johnson, 386 S.C. 426, 688 S.E.2d 588 (2009), clarifies the service requirements for notification of attempted

My expectations for the guardian ad litem

Posted Thursday, December 17th, 2009 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Recently I fussed at a guardian of whom I am quite fond.  It’s never comfortable to fuss at folks one likes but I come from

Holiday visitation: loving your child more than you hate the other parent

Posted Tuesday, December 15th, 2009 by Gregory Forman
Filed under Law and Culture, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Visitation

Last year, shortly before imposing a criminal contempt sentence on a mother who had repeatedly and blithely interfered with my client’s visitation, the judge asked

Smith case redux

Posted Thursday, December 10th, 2009 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Yesterday I posted about the December 9, 2009 Court of Appeals decision in Smith v. Smith, 386 S.C. 251, 687 S.E.2d 720 (Ct.App. 2009) noting that

Court of Appeals decision rewards indefinite pleadings in family court

Posted Wednesday, December 9th, 2009 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

A few years ago I stopped adding the catchall phrase “and for such other relief as the court deems just and proper” to my family

Court of Appeals finds reversible error to go forward with DSS Judicial Review Hearing when incarcerated mother had order of transport and the Department of Corrections failed to transport her to hearing

Posted Thursday, December 3rd, 2009 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Today the Court of Appeals, in Department of Social Services v. Laura D., 386 S.C. 382, 688 S.E.2d 130 (2009), reversed and remanded a family court’s decision

Should a guardian ad litem have to “bless” every child custody agreement?

Posted Saturday, November 14th, 2009 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

When parents seek approval of any agreement that resolves a dispute over a child’s custody, the family court judge looks to the guardian ad litem

In a DSS abuse and neglect case, when the treatment plan is resolved, should the guardian ad litem have an opinion on the merits?

Posted Friday, November 13th, 2009 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Guardians Ad Litem, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

I have mediated a couple of DSS child abuse and neglect cases recently in which the treatment plan was resolved (that is, everyone agreed what the