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

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 refuses to reduce Husband’s alimony obligation despite Wife’s greatly increased earnings

Posted Sunday, September 12th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, 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 Weller v. Weller finds that court affirming the family court’s refusal to reduce Husband’s alimony despite

Does the ten-day notice requirement in South Carolina Family Court Rule 14(d) violate procedural due process?

Posted Thursday, July 8th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held

South Carolina Supreme Court poised to address arbitration of children’s issues

Posted Friday, May 7th, 2021 by Gregory Forman
Filed under Child Custody, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In 2019, the South Carolina Court of Appeals issued two published opinions holding that child-related family law issues (custody/visitation/child support) could not be arbitrated and

Pet custody

Posted Wednesday, May 6th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public

Local family law attorney Tosha Jean Kotz has an excellent article, “Dogs & Divorce,” in the most recent SC Lawyer magazine. The article briefly discusses

New Battle for Those on Coronavirus Front Lines: Child Custody

Posted Wednesday, April 8th, 2020 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Visitation

Interesting article in yesterday’s New York Times about parents using the other parent's occupation [one involving moderate-to-high risk of exposure to COVID-19] to justify emergency

The COVID-19 crisis is revealing the selfishness of the anti-vaxxer movement

Posted Monday, March 23rd, 2020 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public

I’ve never had much tolerance for most of the anti-vaccination parents I encounter practicing child custody law. Not only are their views on vaccinations anti-science

Is there a ceiling on alimony or child support?

Posted Friday, December 6th, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

An issue more philosophical than legal is whether there should be a ceiling on alimony and (especially) child support awards. On one hand, alimony (and

South Carolina Supreme Court finally (and only prospectively) abolishes common-law marriage–and makes it harder to establish retroactive common-law marriages

Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

A decade ago, in a blog titled, “Why won’t South Carolina end common-law marriage?,” I expressed my strong dislike of the doctrine by noting, “cases

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