Court of Appeals finds standing for paternal grandparents to obtain custody when mother is unfit

Posted Friday, June 8th, 2018 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

Given a culture that expects parents to be responsible for raising their children, the law has developed that fit parents should (with the limited exceptions

Crossing the Rubicon

Posted Monday, June 4th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Per wikipedia, during the Roman republic, the river Rubicon marked the boundary between the Roman province of Cisalpine Gaul to the north-west and Italy proper

Sealing records when private custody cases reference past child protective services involvement

Posted Thursday, May 24th, 2018 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

While the general principal is that court records are open to the public, information from child protective services cases are not. Thus conflicts develop between

Court of Appeals applies Moore factors and returns child to mother

Posted Wednesday, May 23rd, 2018 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

The May 23, 2018 Court of Appeals opinion in Urban v. Kerscher, 423 S.C. 615, 817 S.E.2d 130 (Ct. App. 2018), reverses a Family Court’s continuation of

Vacating court approved agreements

Posted Saturday, May 12th, 2018 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, South Carolina Specific

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer

Smith case reveals judges do more than simply call balls and strikes

Posted Friday, May 11th, 2018 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of

Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption

Posted Wednesday, May 9th, 2018 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 May 9, 2018 Supreme Court opinion in SCDSS v. Smith, 423 S.C. 60, 814 S.E.2d 148 (2018), reverses a 2017 Court of Appeals opinion, terminates father’s

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

Posted Monday, May 7th, 2018 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished

Three methods of reducing the impact of an unfavorable guardian ad litem report

Posted Friday, April 20th, 2018 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

The typical response of an unhappy litigant to an unfavorable guardian ad litem report is to accuse the guardian of bias. While in rare instances

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