Not publishing opinions to save the trial court embarrassment

Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

I have been a past critic of the South Carolina Court of Appeals’ failure to publish opinions that do not meet the criteria of S.C.

How crazy does one have to be to get relief from a judgment?

Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I am currently assisting a local attorney in seeking relief from a judgment, pursuant to Rule 60(b)(1), SCRCP, based on the claim that the client

Financial declarations with an eye toward the future

Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken

The Honorable Frances P. Segars-Andrews: An Appreciation

Posted Friday, June 18th, 2010 by Gregory Forman
Filed under Miscellaneous, Of Interest to General Public, South Carolina Specific

The Honorable F.P. Segars-Andrews leaves the family court bench soon.  To read some comments on the internet there were a number of litigants extremely angered

Recent changes to South Carolina “Child Protection and Permanency” statute make it harder for parents to obtain return of their children

Posted Friday, June 18th, 2010 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Law Attorneys, South Carolina Specific

On May 12, 2010, South Carolina enacted Senate bill 1172, which makes changes to the Child Protection and Permanency statute.  Among the highlights: The revisions

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

Posted Thursday, June 17th, 2010 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Jurisdiction, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam

Applying Family Court Rule 27 to line jump the docket on visitation enforcement

Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation

I met with a father earlier this week for a consult.  He mentioned that he had gone five months without seeing his teenage daughter and

The link between animal cruelty and domestic violence

Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public, Protection from Domestic Abuse, South Carolina Appellate Decisions

When I was in my late teens my best friend was a brilliant, iconoclastic, Catholic, conservative, whose parents has escaped Communist Poland and lived in

Ethics Opinions Every South Carolina Attorney Should Know: Part XVII, Anything Can Lead to Discipline but the Supreme Court is Not Your Adversary

Posted Monday, June 14th, 2010 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Specific

This is the final ethics lesson I wish to impart to my mentees, though I intend to add to this series in the future as

Ethics Opinions Every South Carolina Attorney Should Know: Part XVI, Not Reporting Substantial Misconduct

Posted Monday, June 14th, 2010 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Specific

Thomas McDow made the excellent suggestion that I do a column on the Rule 8.3 duty to report professional misconduct.  It was a failure on

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