The hierarchy of witnesses for custody trials
Posted Thursday, October 26th, 2023 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
Attempting to give guidance to various clients indicated a need for me to explain the hierarchy of witnesses for custody trials. As I have noted
Visitation cases mandate a narrower focus than custody cases
Posted Friday, October 6th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation
Not all litigation over time with a child is actually a battle over physical custody of that child. A subset of “custody” litigation involves only
Deposition goals differ from trial testimony goals
Posted Wednesday, September 27th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined
Court of Appeals essentially affirms family court on child support and attorney’s fees
Posted Tuesday, September 19th, 2023 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
I’ve delayed blogging on the August 30, 2023, Court of Appeals opinion in Brantley v. Brantley 441 S.C. 284, 893 S.E.2d 349 (Ct.App. 2023), until
Once a client accuses an attorney of lacking integrity, continued representation is problematic
Posted Thursday, September 14th, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Every attorney encounters an occasional client who will claim that attorney is acting unethically. Often the claim is lacking loyalty to the client’s cause. Sometimes
Posted Thursday, August 24th, 2023 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
In the August 23, 2023 opinion in Moore v. Smith, 441 S.C. 261, 892 S.E.2d 552 (Ct.App. 2023), the Court of Appeals reversed the family
Court of Appeals affirms denial of retired husband’s alimony reduction request
Posted Wednesday, July 26th, 2023 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the July 26, 2023, Court of Appeals opinion in Downing v. Downing, 440 S.C. 322, 891 S.E.2d 375 (Ct. App. 2023), the Court of
Posted Wednesday, July 19th, 2023 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals
The best family court mediators do not have 100% settlement rates
Posted Wednesday, July 19th, 2023 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
The best family court mediators do not have 100% settlement rates. While I prefer a strong mediator—one who is willing to challenge the strengths and
Subpoena friendly witnesses to trial
Posted Friday, July 14th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
There’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial. Actually, I’m surprised attorneys issue trial
