Gregory S. Forman, P.C.

05/14/2026

The second of two South Carolina opinions published on May 13, 2026, that address family law issues without being family court appeals.

On May 13, 2026, the South Carolina Court of Appeals, in the case of Major v. Major, held that the magistrate courts have jurisdiction to hear spouses’ requests for restraining orders. In Major, Wife sought a restraining order in magistrate court against Husband pursuant to section 16-3-1750 of th...

05/14/2026

We now have a definitive answer on the admissibility of pe**le plethysmograph tests in South Carolina court proceedings: they are not.

In 2024, the South Carolina Court of Appeals, in the case of In the Matter of Shawn T. Daily, 443 S.C. 557, 905 S.E.2d 310 (Ct. App. 2024), held that the results of a pe**le plethysmograph (PPG) test are inadmissible as unreliable.  Blogging about Daily at the time, I noted that such tests were oft...

05/03/2026

You might think you want a fighter. A lot of the time you are better off with a negotiator with trial skills.

A sizable portion of folks contacting my office seeking representation are seeking an attorney who is “a fighter.” They will often use canine descriptions—pitbull or bulldog—to describe the style of attorney they seek. While I certainly believe myself capable of fighting (in the litigation s...

05/01/2026

The Supreme Court just doubled the time period to file post-trial motions.

On April 30, 2026, rule changes proposed by the South Carolina Supreme Court went into effect. These rule changes extend the deadline to file post-trial motions under numerous South Carolina Rules of Civil Procedure from ten days after receiving written notice of the entry of the judgment to twenty....

04/28/2026

Better I punch my clients than a judge punches my clients...

But it's still very stressful.

Discussing a braggadocios future opponent’s ideas on how to he was going to defeat the heretofore undefeated Mike Tyson, Tyson noted, “everybody has a plan until they get punched in the face.” Tyson’s point was that people can plan for things they have never encountered (in this case Mike Ty...

04/25/2026

I don't know why attorneys file actions to ratify a satisfactory custody/visitation status quo. The status quo never gets better on custody or visitation. It can get better on child support but anyone who brings a custody case in order to do better on child support is a fool. The cost is extreme and the benefit is limited.

I regularly hear from potential clients who want to seek or modify custody when they are happy with the actual status quo on custodial time. These potential clients either do not have a custody order or are living under a custody order that grants them less time or control than they are actually exe...

04/24/2026

A second blog on asking questions on cross examination where you don't know the answer. Surprised how few custody attorneys ask this question and how few custody attorneys prepared their witnesses to answer it.

Continuing with the theme of my repeated violations of the Fourth Commandment of Irving Younger’s Ten Commandments of Cross Examination—“Don’t ask a question to which you do not know the answer”—is a question one should almost always ask on cross examination in a custody or visitation ca...

04/22/2026

I drafted a number of blogs the past week while my listeserve was down so a new blog will be posting every few days. Hope readers find this as funny as I found the opposing party's answer.

When I attended law school (1988-91) there were few educational videos on the practice of law. The most famous one was Irving Youngers 1975 lecture, “Ten Commandments of Cross Examination.” His Fourth Commandment was “Don’t ask a question to which you do not know the answer.” Actual practi...

04/09/2026

Filing motions for temporary relief with a custody or visitation modification compliant should be the exception, not the rule.

Most clients seeking to modify a prior visitation or custody final order want that order modified immediately. Most attorneys still reflexively file motions for temporary relief to modify custody or visitation along with the initial complaint. The 2025 rule changes regarding the procedure for motion...

04/03/2026

New FAQ on the 365 day benchmark. Issue came up twice yesterday.

03/20/2026

I see a lot of ambiguous college support agreements. Fennell wasn't one of those.

The March 18, 2026, Court of Appeals opinion in Fennell v. Fennell, affirmed a family court order finding Father in contempt for not paying one-half of daughter’s college tuition and expenses and requiring him to pay Mother’s attorney’s fees. As part of the parties’ divorce and marital settl...