Patterns in 2016 Published South Carolina Family Court opinions

Posted Wednesday, January 4th, 2017 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

For the past six years I’ve done an annual recap of the prior year’s South Carolina published family court appeals. It’s an opportunity for me

Insufficient guardian investigation causes Court of Appeals to reverse termination of parental rights

Posted Tuesday, January 3rd, 2017 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 30, 2016 Court of Appeals opinion in SCDSS v. Nelson, 419 S.C. 142, 795 S.E.2d 871 (Ct. App. 2016), reversed the termination of

Is the lack of a set notice requirement in the UCCJEA a feature or a bug?

Posted Tuesday, December 13th, 2016 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys

In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

Posted Wednesday, December 7th, 2016 by Gregory Forman
Filed under Appellate Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B., The South Carolina Supreme Court ultimately reversed this decision and found such orders were immediately appealable The issue of what family court orders are

Betting on an estranged spouse’s untimely demise

Posted Saturday, November 26th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few

(Unwittingly) Coaching the children

Posted Friday, November 25th, 2016 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

To most people “coaching” children in the context of custody and visitation cases is telling a child to lie to the judge (or the guardian,

A convoluted (legal) career path

Posted Sunday, November 20th, 2016 by Gregory Forman
Filed under Miscellaneous, Not South Carolina Specific, Of Interest to Family Law Attorneys

November 18th marked the 23rd anniversary of my opening my solo practice. Over the past decade I’ve had the opportunity to formally and informally mentor

How to enforce an attorney fee award

Posted Thursday, November 17th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt

Disciplinary opinion clarifies rules on records subpoenas in family court

Posted Wednesday, November 16th, 2016 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific

#79 on my November 14, 2011 list of “One hundred things I don’t know about South Carolina family law,” reads, “Can one issue subpoenas duces

Not all cases need to settle

Posted Wednesday, November 16th, 2016 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A few weeks ago one of my cases was mediated by a retired family court judge. It began with the her talking privately to me

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.