The codification of child custody factors is making encouragement of the other parent’s relationship with the child much more important

Posted Friday, January 20th, 2017 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute

Little reason to attack the guardian at trial

Posted Sunday, January 15th, 2017 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Working on materials for an upcoming lecture on attorney/guardian interactions, I realized that it had been years since I last felt compelled to “attack” the

Betting on an estranged spouse’s untimely demise

Posted Saturday, November 26th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few

(Unwittingly) Coaching the children

Posted Friday, November 25th, 2016 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

To most people “coaching” children in the context of custody and visitation cases is telling a child to lie to the judge (or the guardian,

How to enforce an attorney fee award

Posted Thursday, November 17th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt

Like blind men boxing

Posted Thursday, November 3rd, 2016 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

I often suggest to newly licensed attorneys wanting to learn how to practice a particular area of law that they go to the courthouse and

Where should one enforce a support order when the obligor resides elsewhere?

Posted Wednesday, November 2nd, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable

Is it really better to beg forgiveness than ask permission?

Posted Saturday, October 29th, 2016 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

Early in my career one of my most trusted mentors would counsel me when I asked her about filing a motion or complaint in the

Should custody be dealt with in a separate order?

Posted Thursday, October 27th, 2016 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

I recently completed a divorce case in which all issues other than child custody settled in the middle of trial. With the court’s permission, I

Obtaining electronically stored information in electronically stored format

Posted Thursday, July 21st, 2016 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A common idea among litigators is that an excellent way to hide damaging information is to produce it with a whole bunch of innocuous information.

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