Posts Tagged ‘Jurisprudence’

The unfairness of the family court asking litigants if they think their agreement is “fair”

In the South Carolina family court, a standard part of the practice of questioning parties about their agreements before approving said agreements is whether the party believes that agreement is “fair.” If minor children are involved, that process will also include a question about whether the agreement is additionally fair to the parties’ children. Those […]

Does South Carolina divorce law distinguish marijuana use from abuse?

One of South Carolina’s four fault grounds for divorce under S.C. Code §20-3-10 is “Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug.” Hutchinson v. Liberty Life Insurance Co., 393 S.C. 19, 709 S.E.2d 130 (Ct.App. 2011) indicates that marijuana qualifies as a […]

Should I stay or should I go?

With Hurricane Florence slowly approaching Charleston and with South Carolina’s northeastern coast under a mandatory evaluation order, I’ve spent the past few days with my office closed fielding a number of questions from current clients regarding evacuation and visitation in the midst of unpredictable weather conditions. Most of these questions address visitation issues and my […]

Is merely having a “crush” on another marital fault?

I recently handled oral argument on an appeal that resulted in the unpublished opinion. One unusual aspect of the case was Husband’s focus, and the opinion’s recognition, that, Wife had a “crush” on someone who worked with one of the parties’ children and that Husband learned of this crush when he caught Wife emailing a […]

Can non-custodial parents delegate their parenting time to third-parties?

An issue that commonly arises in interpreting custody orders is whether the non-custodial parent is allowed to delegate his or her (in this culture, mostly his) visitation to third-parties during his custodial periods when the custody order is otherwise silent on the issue. South Carolina case law remains silent on this dispute. However, while acknowledging […]

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

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of my attorney friends commented with dismay about the court’s consideration of the Grandmother’s limited income as a factor in allowing Foster Parents (and not Grandmother) to adopt the minor child […]

Should side jobs lead to increased support obligations?

One of the many fundamental unfairnesses in South Carolina’s child support system is that a payor’s increased income almost universally leads to an increase in child support while any decrease in the payor’s income requires the payor to prove he or she (generally he) isn’t underemployed or didn’t suffer the decrease in income due to […]

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

 

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Contact Mr. Forman