Filing second, serving first
Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed. This was because, up until 2004, SCRCP 3(a) stated that an...
View ArticleObjecting to discovery that you sought yourself
I often see attorneys object to discovery requests when those same attorneys request the same discovery. There are potential ethical violations and tactical problems in doing this. South Carolina Rule...
View ArticleWhen a child supposedly speaks ill of a parent
How an attorney should react when a client’s child speaks ill of the client is often dependant upon things young attorneys (and often even experienced attorneys) fail to consider. Stepping back and...
View ArticleWhen a child’s mental health professional makes a guardian ad litem unnecessary
South Carolina Code §63-3-810(A)(1) allows the family court to appoint a guardian ad litem in a private custody case when “without a guardian ad litem, the court will likely not be fully informed about...
View ArticleIs there ever sufficient evidence of “continued cohabitation” to terminate...
I occasionally get telephone calls from men whose ex-wife’s are receiving alimony but also appear to be living with a boyfriend. They want to know if they can terminate alimony on that basis. I am...
View ArticleConsiderations in reconciliation
Occasionally separated spouses in marital dissolution actions attempt to reconcile. Even though it’s bad for my business when they do so, I generally encourage reconciliation There are times when...
View ArticleSeeking procedural relief before seeking substantive temporary relief
My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent discovery uncovered evidence that might...
View ArticleUsing prior consistent statements to bolster credibility
A few years ago I was court appointed in a Department of Social Services abuse and neglect case as the lawyer for a twelve year old who was accusing her stepfather of sexually molesting her. Unique in...
View ArticleGoing for the “easy kill” in contempt proceedings
Clients seeking to hold the other party in contempt for violation of a family court order often present a mix of potential contempt claims. Some of these claims will merely seek compliance with the...
View ArticleRenegotiating with litigants who won’t obey their previous court-approved...
Folks who refuse to comply with their court-approved agreements but then ask you to renegotiate those agreements to make them more to their liking are akin to domestic abusers attempting to sweet talk...
View ArticleGive ‘em enough rope
Sometimes, in contested custody cases, parents seek more time with the children than they actually want or can realistically handle. The motivation can be malevolent: a desire to “punish” the other...
View ArticleFailing to answer a family court complaint can be malpractice
Recently I was an expert witness [for the first time in my career] in a legal malpractice case. I was asked to provide an opinion about the standard of care for a family court attorney who had failed...
View ArticleSeeking protective orders for private investigator information
Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs). However, even when such PIs develop solid evidence of adultery,...
View ArticleHow to help a family court litigant who failed to show up for trial
A couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal the resulting one-sided order. However since an appeal can only address the...
View ArticleContempt sanction notice in family court orders
I actually have a form file, contempt sanction notice, that contains language I infrequently include at the bottom of proposed family court orders: Take notice that this is a court order within the...
View ArticleThree reasons not to file a motion for temporary relief if the status quo is...
I still often see other attorneys filing motions for temporary relief with their initial complaint even if the status quo is acceptable to their client. Obviously if one expects the status quo to...
View ArticleObtaining funding for an ongoing family court case
Unless one filed a specific request for advance suit costs, at most motions for temporary relief the family court will only award fees (if it awards fees) that cover work done through the motion for...
View ArticleTwo unusual, and quite useful, family law supplemental interrogatories
Though South Carolina family law attorneys are limited to fifty supplemental interrogatories, the boilerplate supplemental interrogatories I encounter are often ill designed to capture useful...
View ArticleWhen seeking to modify child support, it’s imperative to file and serve a...
In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation. However, when one is trying to modify child support, it is imperative...
View ArticleDemanding UCCJEA submissions before filing motions to dismiss child custody...
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction to determine child custody. In defending such...
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