The pitfalls of mandatory pre-litigation mediation provisions

Posted Tuesday, May 17th, 2022 by Gregory Forman
Filed under Litigation Strategy, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are

The vital distinction between dismissal with prejudice and dismissal without prejudice

Posted Saturday, April 2nd, 2022 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In family court there is a vital distinction between dismissal with prejudice and dismissal without prejudice. “A dismissal of a case without prejudice means that

Parents who allow unfit co-parents to provide unsupervised care for their child(ren) are also unfit

Posted Monday, February 14th, 2022 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

But for the human capacity for self delusions, I would find the ability of parents to claim their co-parent was unfit while they allowed that

It pays to be nice (especially in a custody case)

Posted Saturday, January 29th, 2022 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Early in my career, the standard procedure in contested custody cases was to throw as much mud at the other side as you could and

“May it Please the Court” should be retired: convince me I’m wrong

Posted Saturday, December 11th, 2021 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

Perhaps I skipped law school class that day but I don’t recall being taught that I should begin every oral argument by reciting, “may it

Notice provisions in custody agreements

Posted Wednesday, December 1st, 2021 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

Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and

Subsequently discovered property provisions in equitable distribution agreements

Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed

There needs to be the final decision maker for minor children(and it almost always should be a parent)

Posted Tuesday, May 18th, 2021 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 see a number of attorneys and pro se litigants who try to finesse the issue of final decision making authority by making both parents

Tax refunds or obligations from the year of filing a marital dissolution action are partially marital

Posted Tuesday, October 13th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

With the October 15th tax deadline approaching, I am receiving emails from numerous clients regarding disputes with their estranged spouse over how to file last

The Folly of Fighting Child Protective Services after a Merits Finding

Posted Thursday, July 2nd, 2020 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Early in my career, when family court attorneys were still being court appointed to represent indigent parents in abuse and neglect proceedings, I developed a

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