Family law is the trailing indicator of cultural change

Posted Saturday, January 28th, 2023 by Gregory Forman
Filed under Jurisdiction, Not South Carolina Specific, Of Interest to General Public

Yesterday I lectured for the South Carolina Bar’s annual guardian ad litem training on the topic “Post-COVID Child Custody and Visitation Case Law Update (2020-2022).” 

Closely divided South Carolina Supreme Court determines state constitution protects right to abortion

Posted Monday, January 23rd, 2023 by Gregory Forman
Filed under Jurisdiction, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

In 1971, South Carolina adopted article I, section 10 as part of the state constitution. That section reads, “The right of the people to be

Little known case has big impact on custody jurisdiction

Posted Friday, August 12th, 2022 by Gregory Forman
Filed under Child Custody, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Occasionally I blog on little known cases that I find myself referencing often.  Thus today’s blog about Widdicombe v. Tucker-Cales, 366 S.C. 75, 620 S.E.2d 333

Court of Appeals affirms dismissal of divorce case in which husband did not meet South Carolina residency requirement

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

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

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

Should I stay or should I go?

Posted Friday, September 14th, 2018 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

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

Can non-custodial parents delegate their parenting time to third-parties?

Posted Tuesday, August 21st, 2018 by Gregory Forman
Filed under Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation

An issue that commonly arises in interpreting custody orders is whether the non-custodial parent is allowed to delegate his or her (in this culture, mostly

Was there wisdom in the “tender years” doctrine

Posted Monday, August 14th, 2017 by Gregory Forman
Filed under Child Custody, Jurisdiction, Law and Culture, Not South Carolina Specific, Of Interest to General Public

There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such

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