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

Why not have multiple final orders?

Posted Thursday, March 31st, 2022 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys

When a case concludes, family law attorneys typically draft one final order addressing all issues in the case. It is certainly the easiest method of

Court of Appeals affirms award of stepmother custody and grandparent visitation

Posted Thursday, March 17th, 2022 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 March 16, 2022 opinion in Jacobs v. Zarcone, the Court of Appeals affirms an award of custody to a stepmother and an award

Enterprise versus personal goodwill explained through local barbeque joints

Posted Thursday, March 10th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

The distinction between enterprise goodwill and personal goodwill confuses a number of family law attorneys. But any Charleston area attorney who loves barbeque will probably

Court of Appeals’ Glinyanay opinion addresses numerous novel family law issues

Posted Wednesday, February 23rd, 2022 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The February 23, 2022, Court of Appeals opinion in Glinyanay v. Tobias addresses numerous novel legal issues that tend to recur in South Carolina custody

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

Anyone has standing to seek custody of a neglected or delinquent child

Posted Saturday, February 12th, 2022 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I thought it was well known that when a child’s caretakers are unfit literarily anyone has standing to seek custody. Yet when two lawyer friends

South Carolina’s De Facto Custodian statute is valuable; its Grandparent Visitation statute remains a menace

Posted Tuesday, February 1st, 2022 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

Because South Carolina’s De Facto Custodian statute and Grandparent Visitation statute both allow the family court to award visitation to non-parents, they are often viewed

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

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