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

Supreme Court reverses Court of Appeals determination that same-sex, common-law marriage could not exist prior to 2014

Posted Thursday, November 11th, 2021 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

The November 10, 2021, Supreme Court opinion in Swicegood v. Thompson, 435 S.C. 63 865, S.E.2d 775 (2021), remedies the obvious error in the Court

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

Wiping my behind with anti-spoliation letters

Posted Friday, October 22nd, 2021 by Gregory Forman
Filed under Law Practice Management, Not South Carolina Specific, Of Interest to Family Law Attorneys

How did the proclivity for anti-spoliation letters emerge? Such letters inform opposing parties or counsel not to destroy or dispose of evidence and make varying

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, 434 S.C. 510, 864 S.E.2d 558 (Ct. App. 2021), addresses common issues of

In apparently close decision, Supreme Court reinstates termination of parental rights/adoption

Posted Sunday, September 26th, 2021 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

On September 22, 2021, a unanimous South Carolina Supreme Court reversed the Court of Appeals and reinstated a family court’s granting of a termination of

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, 434 S.C. 530, 863 S.E.2d 835 (Ct. App. 2021), finds that court affirming

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