Archive for the ‘South Carolina Specific’ Category

2017 again features a dearth of published family court opinions

Since I started this blog in 2009, I have begun the following year with a table listing the prior year’s published opinions and briefly discussing the cases I believed most consequentiiial. Early on I commented on about a dearth of published opinions, such as in 2011 when I “complained” there were “only” thirty-five such opinions. […]

Supreme Court makes it easier for foster parents to adopt

The January 3, 2018 South Carolina Supreme Court opinion in SCDSS v. Boulware makes it easier for foster parents to adopt their foster children. The case distinguishes adoption petitions that predate the Department of Social Services (DSS) placing the child for adoption with petitions that postdate such placements for adoption. In Boulware, the Child was […]

Supreme Court “clarifies” standard of review for family court appeals

The December 20, 2017 Supreme Court opinion in Stoney v. Stoney grants both parties’ petitions for a writ of certiorari, dispenses with further briefing, reverses the Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016) (an opinion that took the Court of Appeals twenty months after oral […]

South Carolina Supreme Court revives application of domestic abuse statute to unmarried cohabitants

On July 26, 2017 the South Carolina Supreme Court, in the case of Doe v. State, remedied the equal protection infirmity of a Domestic Abuse statute that granted protection to opposite sex cohabitants but denied that protection to same sex cohabitants by denying that protection to all unmarried cohabitants. Stuck with language that afforded the […]

Supreme Court finds valuation of Greek farm preserved for appeal–remands issue to Court of Appeals

The November 15, 2017 Supreme Court opinion in Conits v. Conits granted Husband’s petition for a writ of certiorari, dispensed with further briefing, and reversed the Court of Appeals opinion in Conits v. Conits, 417 S.C. 127, 789 S.E.2d 51 (Ct.App. 2016). It remanded back to the Court of Appeals one issue on Husband’s appeal: the […]

How automatic discovery has changed my family law practice

It’s been six months since the South Carolina Supreme Court mandated automatic discovery in family court. I didn’t expect this rule change to change my practice. It has. As I’ve noted before, serving discovery can be a way of showing the opposing party that one is serious about the litigation and that one has given […]

Free Mental Health Ethics CLE for Young South Carolina Lawyers

On November 10, 2017 from 2:00 to 3:00 p.m. I will be lecturing at the Charleston School of Law on “Preserving one’s sanity when one starts practicing law: advice for a newly licensed attorney (or what my older self wishes my younger self had known).” The lecture is being videotaped for the South Carolina Bar’s […]

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

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 valid court order. South Carolina’s Uniform Arbitration Act, Title 15, Chapter 48, sets forth procedures to challenge or obtain court approval of an arbitration award. S.C. Code §15-48-120 addresses “Confirmation […]

 

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

Retain Mr. Forman