Are you cross-examining that witness for mistake, bias or corruption?

Posted Monday, October 21st, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to General Public, South Carolina Specific

Recently one of my prior mentees was regaling me with the story of his first custody trial.  One of his concerns was his overly confrontational

What can and can’t be fixed by a family court appeal

Posted Thursday, October 17th, 2013 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Folks sometimes consult with me shortly before their case is going to trial to obtain a second opinion.  Typically they are either unhappy with the

When does a judge’s ruling become a valid order?

Posted Wednesday, October 9th, 2013 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Early in my family court career I used to debate with my colleagues as to when a family judge’s ruling became valid. The (super-)majority view

How not to bung-up a responsive pleading

Posted Friday, September 13th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I often see responsive pleadings that hurt the other side’s case.  Frequently the response will include extraneous information.  This information is like free discovery–learning about

Demanding UCCJEA submissions before filing motions to dismiss child custody cases

Posted Thursday, August 29th, 2013 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

Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction

When seeking to modify child support, it’s imperative to file and serve a complaint

Posted Thursday, August 22nd, 2013 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation.  However, when one is

Two unusual, and quite useful, family law supplemental interrogatories

Posted Friday, August 16th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Though South Carolina family law attorneys are limited to fifty supplemental interrogatories, the boilerplate supplemental interrogatories I encounter are often ill designed to capture useful

Obtaining funding for an ongoing family court case

Posted Friday, August 9th, 2013 by Gregory Forman
Filed under Attorney's Fees, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Unless one filed a specific request for advance suit costs, at most motions for temporary relief the family court will only award fees (if it

Three reasons not to file a motion for temporary relief if the status quo is fine

Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I still often see other attorneys filing motions for temporary relief with their initial complaint even if the status quo is acceptable to their client.

Contempt sanction notice in family court orders

Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I actually have a form file, contempt sanction notice, that contains language I infrequently include at the bottom of proposed family court orders: Take notice

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