Archive for the ‘Child Custody’ Category

What are you communicating with your proposed parenting plan?

In 2012, South Carolina revised its child custody statutes and added a provision requiring proposed parenting plans at temporary hearings. This parenting plan asks each party to propose a bi-weekly, holiday, electronic, and summer visitation schedule, address legal custody, describe requested restraints, and note any other custody concerns the family court should be aware of. […]

Whose “morality” dictates what is in the best interests of the child?

South Carolina case law from as recently as May 2018 holds that the morality of a parent is a proper factor for consideration in custody determinations, limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child. The problem with this case law is that it leaves […]

Court of appeals reverses grant of grandparent visitation based upon narrow interpretation of “denying visitation”

The January 4, 2019 Court of Appeals opinion in Brown v. Key represents the first published opinion addressing the 2014 revision to South Carolina’s grandparent visitation statute, S.C. Code § 63-3-530(A)(33). Four months after affirming an award of grandparent visitation under the prior, more restrictive statute, Brown reversed the family court’s award of grandparent visitation. […]

Don’t let your kids become pinball wizards

I have no desire to mine the legislative history to determine when and why some South Carolina legislator decided he needed to save our state’s youth from the evils of pinball. Whatever fears led to the enactment of S.C. Code § 63-19-2430–a model of simplicity which states, “It is unlawful for a minor under the […]

Mere exposure to domestic violence can be a basis to change custody or limit visitation

Some of the most tragic consults I have are with folks who’ve been bullied and abused by spouses or domestic partners and have simply accepted the abuse as though they deserved it. The dynamic of such abuse, and why the abused often stay with their abusers, is better understood than it was when I started […]

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov, 425 S.C. 161 (S.C. App. 2018), doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to travel with the […]

Should I stay or should I go?

With Hurricane Florence slowly approaching Charleston and with South Carolina’s northeastern coast under a mandatory evaluation order, I’ve spent the past few days with my office closed fielding a number of questions from current clients regarding evacuation and visitation in the midst of unpredictable weather conditions. Most of these questions address visitation issues and my […]

The unusual distribution of bi-weekly overnights in most custody trials (or why one’s unlikely to get 50/50 custody except by agreement)

When I first started trying custody cases a quarter century ago, the family court was pretty uniform, and uncreative, in its awards of visitation to the non-custodial parent. Absent a mother’s unfitness, she was very likely to get custody. Absent the non-custodial parent’s unfitness, that parent was likely to get every other weekend. If the […]

 

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

Contact Mr. Forman