Archive for the ‘Jurisdiction’ Category

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

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 the family court of jurisdiction for some issues but not the issue of attorney’s fees as it related to child custody and support. Prior to their marriage, the Meehans entered […]

Court of Appeals holds that multi-state child custody jurisdiction statutes are applicable to termination of parental rights/adoption cases

In the March 16, 2012 opinion in Anthony H. v. Matthew G.,397 S.C. 447, 725 S.E.2d 132 (Ct. App. 2012) the Court of Appeals held that the state and federal statutes for determining child custody jurisdiction in multi-state disputes are applicable to adoption cases that require a termination of parental rights (TPR).  Because the South […]

Common misconceptions about multi-state custody jurisdiction

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 deliberately restrict my practice to South Carolina, generally these folks get referred elsewhere.  However in communicating with these multi-state custody litigants, I perceive that they are frequently receiving inaccurate information, […]

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

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 Court: Well it seemed obvious to me I’ve avoided blogging on the October 13, 2010 Court of Appeals opinion in Ware v. Ware, 390 S.C. 493, 702 S.E.2d 390 (Ct. App. 2010) because […]

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

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 [personal] jurisdiction.  One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons […]

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

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 it regards multi-state adoption action. In this case the Brookshires, South Carolina residents, were awarded custody of the Blackwells’ children by the Alabama Courts.  The Brookshires then filed an adoption […]

 

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

Contact Mr. Forman