The hierarchy of witnesses for custody trials

October 26, 2023

Attempting to give guidance to various clients indicated a need for me to explain the hierarchy of witnesses for custody trials.  As I have noted

Visitation cases mandate a narrower focus than custody cases

October 6, 2023

Not all litigation over time with a child is actually a battle over physical custody of that child.  A subset of “custody” litigation involves only

Deposition goals differ from trial testimony goals

September 27, 2023

Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined

Court of Appeals affirms family court’s denial of custody modification where child’s preference may have been the result of Father’s manipulative behavior

July 19, 2023

In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals

Subpoena friendly witnesses to trial

July 14, 2023

There’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial.  Actually, I’m surprised attorneys issue trial

Don’t forget the “why” questions

March 21, 2023

I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel.  These experiences

In contested custody litigation, there’s no downside to kindness

March 4, 2023

One of the quickest, easiest, and most effective “fixes” I can counsel my clients to do in contested custody litigation is to be kind to

In a dysfunctional parenting relationship, there’s better than even odds that you’re the problem

March 4, 2023

Most of my contested custody litigation, especially those requiring trial, involve parents in a dysfunctional co-parenting relationship.  The inability of these parents to get along

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