Appellate considerations stemming from res judicata consequences of domestic abuse or contempt findings

Posted Monday, March 30th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The doctrine of res judicata prevents the relitigation of issues previously decided between the same parties. The doctrine requires three essential elements: (1) the judgment

The COVID-19 crisis is revealing the selfishness of the anti-vaxxer movement

Posted Monday, March 23rd, 2020 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public

I’ve never had much tolerance for most of the anti-vaccination parents I encounter practicing child custody law. Not only are their views on vaccinations anti-science

Visitation denial in the COVID-19 era

Posted Sunday, March 22nd, 2020 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Visitation

COVID-19 is the first airborne global pandemic to take place since the development of specialized family courts in the United States. Never before has mandated

“Force majeure” as a defense to family court contempt

Posted Thursday, March 19th, 2020 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to General Public

Given the impact on the new coronavirus on South Carolina businesses, I’ve had more than one client ask me about paying court-ordered support obligations at

Buying the child(ren)’s time

Posted Friday, February 21st, 2020 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There’s a never discussed but occasionally employed litigation strategy of using money to purchase time with (or limit an opposing party’s access to) children. Earlier

Softening up an unrealistic defendant

Posted Thursday, February 20th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I began trial in a visitation establishment case yesterday. While preparing for trial earlier this week my client (the plaintiff) asked me how I thought

Reflections on thirty years of marriage

Posted Monday, December 30th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to General Public

The main thing that differentiates marriages that end in divorce from those that end when death-do-them-part is the sheer stubbornness of the parties involved.... –that

Jurisdiction shopping while pregnant

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

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

An evasive or incomplete answer is to be treated as a failure to answer

Posted Monday, October 14th, 2019 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I find it curious that attorneys routinely treat incomplete or evasive discovery responses as no big deal. From my reading, Rule 37(a)(3), SCRCP, could not

Does your work product convey seriousness?

Posted Sunday, September 15th, 2019 by Gregory Forman
Filed under Law Practice Management, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

With every litigation both parties have the options of settlement or trial. One factor in deciding whether and on what terms to settle is how

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