Is the lack of a set notice requirement in the UCCJEA a feature or a bug?
Posted Tuesday, December 13th, 2016 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated
(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,
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
Posted Friday, June 3rd, 2016 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
Absent a showing of a “substantial change of circumstances” one is allowed to bring only one motion for temporary relief on a particular issue prior
Posted Sunday, April 24th, 2016 by Gregory Forman
Filed under Child Custody, Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
Non-custodial parents of teenagers often complain when the custodial parent doesn’t stop their child from engaging in typical risky teen behavior. One hears stories of
Why join stepparents as opposing parties to family court proceedings?
Posted Friday, March 25th, 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
The short answer is discovery. While I understand the logic of joining stepparents as parties to custody or visitation proceedings when that stepparent will not
Why not divide up legal custody?
Posted Saturday, February 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
Deciding who will have legal custody–final decision making authority for a child–can be one of the more contentious issues in custody cases. Often one parent
Fighting for the last few percent of 50/50 custody
Posted Saturday, February 6th, 2016 by Gregory Forman
Filed under Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I’ve had a few custody cases the past few years in which my client has had a goal of equal time with his or her
That ship has sailed (or implicitly condoning past child abuse or neglect)
Posted Friday, February 5th, 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
A decent subset of my custody and visitation cases have one parent raising abuse or neglect allegations that predate an agreement (whether a temporary consent
The problems in splitting children’s expenses based upon undefined “pro rata income shares”
Posted Friday, January 8th, 2016 by Gregory Forman
Filed under Audience:, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”]
