Best methods for equalizing physical custody

Posted Wednesday, August 23rd, 2017 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 are some custody cases that will only settle if both parties get equal time with the child(ren). Thus a sizable subset of custody cases

What do we mean by custody?

Posted Friday, August 18th, 2017 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

Parents come to my office wanting to litigate custody. Often they are not sure what it means but they know they want it. Terms like

Court of Appeals (surprisingly) authorizes reversal of determination of paternity based on father’s fraud claim

Posted Tuesday, August 8th, 2017 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Appellate Decisions, South Carolina Specific

Ever since DNA testing became sufficiently accurate to conclusively exclude paternity, there’s been a tension between the goals of establishing paternity with finality and with

Equal protection challenge to domestic abuse statute leaves law in chaos

Posted Tuesday, August 8th, 2017 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Protection from Domestic Abuse, South Carolina Appellate Decisions, South Carolina Specific

N.B., as anticipated below, the Supreme Court subsequently modified its decision and revived the application of the domestic abuse statute to unmarried cohabitants.  See South Carolina

Getting bossy with custody clients

Posted Saturday, July 1st, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts.  While the

The aggravation of equitably dividing household furnishings

Posted Saturday, June 24th, 2017 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Early in my career I spent an afternoon with two estranged spouses and a friendly opposing counsel auctioning the parties’ household furnishings to the highest

Family Court Procedure 101 Materials

Posted Sunday, June 11th, 2017 by Gregory Forman
Filed under Continuing Legal Education, Of Interest to Family Court Litigants, South Carolina Specific

On June 10, 2017, Dana Adkins and I, on behalf of Charleston Pro Bono Legal Services, presented a seminar explaining family court procedure to pro se litigants.

In praise of opinionated lawyers

Posted Sunday, June 11th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants

Folks who know me well–and even some who don’t–consider me the most opinionated person they know. I accept their judgment. Given something I’ve thought about,

Seminar on “How to Represent Yourself in Family Court”

Posted Thursday, June 1st, 2017 by Gregory Forman
Filed under Continuing Legal Education, Of Interest to Family Court Litigants, South Carolina Specific

Please help me spread the word about this seminar, which Dana Adkins and I are presenting on behalf of Charleston Pro Bono Legal Services on Saturday

Who has the burden of proof on the willfulness element of contempt?

Posted Sunday, May 21st, 2017 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for

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