Court of Appeals vacates removal and TPR orders due to lack of subject matter jurisdiction
Posted Tuesday, October 18th, 2016 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the October 10, 2016 opinion in SCDSS v. Tran, 418 S.C. 308, 792 S.E.2d 254 (Ct.App. 2016), the South Carolina Court of Appeals vacated
Five years of litigation, all for naught
Posted Saturday, September 10th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Contempt/Enforcement of Orders, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals
Posted Friday, September 9th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
One of my harder tasks practicing family law in South Carolina is advising ex-spouses with alimony obligations whether and how much their obligation might change
Obtaining electronically stored information in electronically stored format
Posted Thursday, July 21st, 2016 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A common idea among litigators is that an excellent way to hide damaging information is to produce it with a whole bunch of innocuous information.
On the same day two separate Court of Appeals panels reverse transmutation findings
Posted Wednesday, July 13th, 2016 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On July 13, 2016, the Court of Appeals published two opinions in which the primary issue on appeal was transmutation–the almost alchemical process by which
Court of Appeals affirms contempt finding against mother who didn’t force children to visit
Posted Sunday, July 10th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation
Calling bullsh*t on custodial parents who let the children decide their visitation is one of my most controversial and by far my most commented-upon blog.
Posted Friday, June 3rd, 2016 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
Absent a showing of a “substantial change of circumstances” one is allowed to bring only one motion for temporary relief on a particular issue prior
The problem in filing updated financial declarations at final hearings to approve agreements
Posted Tuesday, May 31st, 2016 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Family Court Rule 20(a) requires “a current financial declaration” “be served and filed” “[i]n any domestic relations action in which the financial condition of a
Script for defeating the “unclean hands” defense in contempt prosecutions
Posted Saturday, May 28th, 2016 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I don’t believe “unclean hands” is a defense to contempt. If an opposing party seeks to hold my client in contempt for conduct that party
Real emergencies versus fake emergencies
Posted Friday, May 27th, 2016 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
There’s a saying that in doing work quickly, inexpensively, and accurately, you are lucky if you can achieve two of the three, but can never
