Posted Wednesday, January 12th, 2022 by Gregory Forman
Filed under Divorce and Marriage, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
n.b. On May 4, 2022, the Court of Appeals issued a refiled opinion making a minor addition on the attorney fee award issue: Refiled Hayduk Opinion Makes
Supreme Court reverses denial of grandfather adoption: finds adoption more stable than custody
Posted Wednesday, January 5th, 2022 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 January 5, 2022, Supreme Court opinion in Swain v. Bollinger, 435 S.C. 280, 866 S.E.2d 923 (2022), reversed a family court and Court of
2021 again has few published family law appeals–and even fewer greatly consequential ones
Posted Tuesday, January 4th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
While 2021 didn’t come close to the recent record for fewest published South Carolina family law appeals (six), the nine published opinions break little new
Court of Appeals addresses the modifiability of non-modifiable alimony
Posted Thursday, December 23rd, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 22, 2021, Court of Appeals opinion in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719 (Ct.App. 2021), addresses the modifiability of non-modifiable
Court of Appeals opinion resolves numerous minor legal issues regarding contempt
Posted Thursday, December 2nd, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 1, 2021, Court of Appeals opinion in Campione v. Best, 435 S.C. 451, 868 S.E.2d 378 (Ct.App. 2021), resolves a number of interesting
Notice provisions in custody agreements
Posted Wednesday, December 1st, 2021 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
Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and
De Facto Custodian rights are more valuable than Grandparent Rights
Posted Wednesday, November 24th, 2021 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, South Carolina Specific, Visitation
Given the phone calls I receive from prospective clients, it appears that many more folks are aware of the concept of grandparent rights than they
Pitfalls in cooperating with DSS child abuse investigations
Posted Friday, November 5th, 2021 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, South Carolina Specific
Parents routinely contact me when they are in the midst of a DSS investigation into their potential abuse or neglect of their child. Typically, they
An odd place to address pet custody
Posted Wednesday, October 13th, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
As it currently stands, South Carolina property law does not distinguish pets from livestock–or even inanimate objects. While everyone expects the South Carolina legislature to
Court of Appeals addresses parties’ efforts in its alimony and equitable distribution determination
Posted Thursday, September 30th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 18, 2021, Court of Appeals opinion in Jordan v. Postell, 434 S.C. 510, 864 S.E.2d 558 (Ct. App. 2021), addresses common issues of
