Court of Appeals affirms dismissal of divorce case in which husband did not meet South Carolina residency requirement

Posted Wednesday, January 12th, 2022 by Gregory Forman
Filed under Divorce and Marriage, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The January 12, 2022, Court of Appeals opinion in Hayduk v. Hayduk affirmed the family court’s dismissal of Husband’s divorce action, finding that Husband failed

Supreme Court reverses denial of grandfather adoption: finds adoption more stable than custody

Posted Wednesday, January 5th, 2022 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The January 5, 2022, Supreme Court opinion in Swain v. Bollinger, reversed a family court and Court of Appeals’ denial of a termination of father’s

2021 again has few published family law appeals–and even fewer greatly consequential ones

Posted Tuesday, January 4th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

While 2021 didn’t come close to the recent record for fewest published South Carolina family law appeals (six), the nine published opinions break little new

Court of Appeals addresses the modifiability of non-modifiable alimony

Posted Thursday, December 23rd, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 22, 2021, Court of Appeals opinion in Rish v. Rish addresses the modifiability of non-modifiable alimony. The parties in Rish divorced in 2003.

Court of Appeals opinion resolves numerous minor legal issues regarding contempt

Posted Thursday, December 2nd, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 1, 2021, Court of Appeals opinion in Campione v. Best resolves a number of interesting minor issues that frequently recur during contempt cases.

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

De Facto Custodian rights are more valuable than Grandparent Rights

Posted Wednesday, November 24th, 2021 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, South Carolina Specific, Visitation

Given the phone calls I receive from prospective clients, it appears that many more folks are aware of the concept of grandparent rights than they

Pitfalls in cooperating with DSS child abuse investigations

Posted Friday, November 5th, 2021 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, South Carolina Specific

Parents routinely contact me when they are in the midst of a DSS investigation into their potential abuse or neglect of their child. Typically, they

An odd place to address pet custody

Posted Wednesday, October 13th, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

As it currently stands, South Carolina property law does not distinguish pets from livestock–or even inanimate objects. While everyone expects the South Carolina legislature to

Court of Appeals addresses parties’ efforts in its alimony and equitable distribution determination

Posted Thursday, September 30th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 18, 2021, Court of Appeals opinion in Jordan v. Postell addresses common issues of equitable distribution and alimony by focusing on Wife’s hard

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