What aspects of family law require personal jurisdiction over the Defendant?

Posted Thursday, April 23rd, 2015 by Gregory Forman
Filed under Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Two areas of family law do not require personal jurisdiction over the Defendant but only require in rem jurisdiction. Those areas are divorce [S.C. Code

Litigating child custody does not, by itself, create personal jurisdiction for child support

Posted Sunday, November 23rd, 2014 by Gregory Forman
Filed under Child Custody, Jurisdiction, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Due to an increasingly mobile society, child custody litigation often moves to different states over a child’s minority. When both parents and the child no

Court of Appeals finds prenuptial agreement only partially limited family court’s jurisdiction

Posted Wednesday, March 26th, 2014 by Gregory Forman
Filed under Attorney's Fees, Equitable Distribution/Property Division, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The March 26, 2014 Court of Appeals opinion in Meehan v. Meehan, 407 S.C. 471, 756 S.E.2d 398 (Ct. App. 2014) determined that the Meehans’ prenuptial divested

Common misconceptions about multi-state custody jurisdiction

Posted Sunday, January 2nd, 2011 by Gregory Forman
Filed under Child Custody, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

At least a few times each month I receive a phone call or email from someone involved in a multi-state child custody case.  Since I

For purposes of the “Full Faith and Credit” clause what does it mean to “fully and fairly litigate” personal jurisdiction?

Posted Saturday, October 16th, 2010 by Gregory Forman
Filed under Jurisdiction, Not South Carolina Specific, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions

N.B. Two and a half years after I lost this appeal in the Court of Appeals, I obtained a reversal, and victory, in the Supreme

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

Posted Thursday, June 17th, 2010 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Jurisdiction, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam

Minimum contacts personal jurisdiction analysis not applicable to contested multi-state adoption action

Posted Monday, July 13th, 2009 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Child Custody, Jurisdiction, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as

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