Posts Tagged ‘Child Custody’
Posted Wednesday, August 23rd, 2017 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
2 Comments »
There are some custody cases that will only settle if both parties get equal time with the child(ren). Thus a sizable subset of custody cases settle with both parties getting at least 180 overnights a year. There are numerous ways one could theoretically create such a custody schedule but many of them are, frankly, stupid. […]
Tags: Child Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Friday, August 18th, 2017 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
No Comments »
Parents come to my office wanting to litigate custody. Often they are not sure what it means but they know they want it. Terms like “sole custody,” “shared custody,” “joint custody,” and “primary custody” get mentioned and folks want to know what these terms mean. I really can’t answer. One reason I can’t answer is […]
Tags: Child Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Monday, August 14th, 2017 by Gregory Forman
Filed under Child Custody, Jurisdiction, Law and Culture, Not South Carolina Specific, Of Interest to General Public
No Comments »
There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such gender based classifications cannot survive strict scrutiny as there is no “compelling governmental interest” that favors mothers over fathers in determinations of infant custody and, even if there were, a […]
Tags: Child Custody, Jurisprudence, Legal Culture, Tender Years Doctrine
Posted in Child Custody, Jurisdiction, Law and Culture, Not South Carolina Specific, Of Interest to General Public | No Comments »
Posted Saturday, July 1st, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts. While the parties’ parenting skills at the beginning of the case are relevant, their parenting skills at the end of the case can be even more relevant. Guiding a client to change […]
Tags: Attorney-Client Relations, Child Custody
Posted in Attorney-Client Relations, Child Custody, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Friday, February 3rd, 2017 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
4 Comments »
Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the seminal South Carolina case on the factors the court should consider in determining whether to return a child to a parent after that child has lived with a non parent […]
Tags: Child Custody, De Facto Custodian
Posted in Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 4 Comments »
Posted Friday, January 20th, 2017 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute should radically alter South Carolina child custody determinations.” My experience and the anecdotal experience of my peer [to date, no appellate opinion interprets or analyzes that code section] indicates that […]
Tags: Child Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Sunday, January 15th, 2017 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
3 Comments »
Working on materials for an upcoming lecture on attorney/guardian interactions, I realized that it had been years since I last felt compelled to “attack” the guardian ad litem at trial. However I am often asked by colleagues on effective techniques to undermine the guardian. There are times when the only effective strategy for minimizing a […]
Tags: Child Custody, Guardian ad litem, Litigation Strategy
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 3 Comments »
Posted Tuesday, December 13th, 2016 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys
1 Comment »
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated statute was largely an improvement. It includes limitation upon the exercise of “emergency jurisdiction” so that an emergency cannot be used to give a state permanent jurisdiction. It provided powerful […]
Tags: Child Custody, Child Custody Modification, Family Court Procedure, Uniform Interstate Child Custody Jurisdiction & Enforcement Act (UCCJEA)
Posted in Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys | 1 Comment »
