South Carolina Family Law Blog

Protecting Children During Divorce

J. Benjamin Stevens — Tue, 09 Mar 2010 08:02:49 -0500

Divorce can be particularly hard on children, especially when the parents don't take the appropriate steps to help protect them during this process. Children need and have the right to the following, especially in times of family upheaval:

Being free of the conflict between the parents
Developing and maintaining an independent relationship with each parent
Not having to take over the parental responsibility for making custody and/or visitation decisions
Not being expected or forced to take sides with, defend, or lessen the value of either parent
Being guided, taught, supervised, disciplined and nurtured by each parent, without interference from the other parent
Spending time with each parent, regardless of whether or not financial support is given
Having a personal sleeping area and space for possessions in each parent’s home
Being physically safe and adequately supervised when in the care of each parent
Having a stable, consistent and responsible child care arrangement when not supervised by the parents
Developing and maintaining meaningful relationships with other significant adults, as long as these relationships do not interfere with or replace the children’s primary relationship with their parents
Expecting that both parents stay informed about medical, dental, educational and legal matters, unless such disclosure would prove harmful to the child
Participating in age-appropriate activities so long as these activities do not significantly impair their relationship with either parent

Source: "When Divorcing in Alabama, What should You Tell Your Kids" by Steven D. Eversole, published at his Alabama Divorce & Family Law Blog.

How to Locate Parties' Social Media Connections

J. Benjamin Stevens — Thu, 04 Mar 2010 00:01:12 -0500

Social media sites can be valuable sources of information in Family Court cases. Frankly, it is simply amazing sometimes to see the types of information people publish about themselves and their actions on these sites. However, in today's web-laden society, it's hard to know where to start looking sometimes to find all of a party's networks.

Flowtown can prove useful in helping you identify this type of information. Here's how it works – simply submit an email address to Flowtown and it generates a report listing every social network it can find with a member using that email address. It works fast, and best of all, it's free! It can find accounts on Linkedin, Twitter, Facebook, MySpace, Flickr, Plaxo, Classmates, Amazon, YouTube, Pandora, StumbleUpon, and several others. You can try it out by clicking here.

Source: "How To Find The Opposing Party on Facebook" by Lee Rosen, published at his Divorce Discourse blog.

Guide to Family Law Cases in South Carolina

J. Benjamin Stevens — Mon, 01 Mar 2010 14:11:40 -0500

Do You Know the Answers to
These Important Questions?

Do you need an attorney?

What should you consider when hiring a family law attorney?

What are the most common mistakes spouses make when divorcing?

What can you do to increase your chances of getting custody?

How can you help your children during a Family Court case?

What mistakes can cost you a fortune?

How can you protect yourself before filing for divorce?

What steps can you take to reduce the pain and expense of divorce?

How can you protect your assets during a divorce?

How can you protect yourself when being accused of child abuse or neglect

Find out the answers in our free special report
“Guide to Family Law Cases in South Carolina”.
Request a copy by calling (864) 598-9172
or completing the form below.

The Five Things That Family Court Clients Really Want

J. Benjamin Stevens — Fri, 26 Feb 2010 00:01:45 -0500

Lee Rosen recently discussed the fact that times have changed when it comes to what potential clients are (and aren't) looking for when interviewing lawyers to decide whether to retain them. He wisely writes that there are advantages to being represented by competent counsel in these cases, and he claims that lawyers should understand that there are five things that clients really want to buy:

More money. You’ve got to show them how hiring you will allow them to end up with more money.
More time. Show them how you’re going to save them time and free it up for other important activities. Demonstrate how your systems and experience will accelerate the process and let them get on with the enjoyable parts of their life.
Less frustration. Explain how your work will keep them from being forced to do things they don’t like. Show them how you’ll help them avoid document editing, financial analysis, data input, financial organization, etc. and the associated hassles.
Avoid loss. They worry about losing it all. They don’t want to lose their money. They don’t want to lose the connection with their children. They don’t want to suffer a significant lifestyle change. You’ve got to show them how you spot opportunities to save them money and preserve their portion of the estate. Show them how you’ll help maintain the physical and emotional connection to the children. Show them how you’re going to protect them.
Feeling good. Help the client understand how hiring you will make them feel better. They’ll know things are being handled and that they can relax. They’ll feel less anxious. Some will even feel better about themselves when they tell others they’ve got a high powered, high status divorce lawyer on their side. They’ll feel good.

Mr. Rosen claims that these are the real client concerns, and he urges attorneys to stay focused on them. Lawyers shouldn't allow themselves to get distracted by explaining the law and saying the same old things. Of course, these five issues will vary from client to client, and generally only one or two will be important to any given client. As you listen to the client, think about which concern is foremost in the client’s mind and engage with the client over that issue. Great advice!

Source: "5 Things Prospective Clients Really Want to Buy" by Lee Rosen, published at his Divorce Discourse blog.

Should There Be No Fault Child Custody Laws?

J. Benjamin Stevens — Wed, 24 Feb 2010 00:01:17 -0500

Ruth Bettelheim in the Huffington Post and in an op-ed piece in the New York Times argues that we should have no-fault custody legislation.

Ms. Bettelheim’s correctly urges that custody battles are damaging to children. Indeed, most family law practioner’s would agree that children are the unintended victims in contested divorces, particularly when custody is in issue. As a result, most would agree that reducing family conflict and the acrimony of divorce would be beneficial to the children’s well-being.

As Ms. Bettelheim aptly points out, however, litigated custody battles have just the opposite effect; parents at war are forced to “do their utmost to demonstrate that they are the better parent — and that the other one is worse, unfit or even abusive.”

Her solution, however, to force parents to enter into binding mediation agreements that “could not be discarded or contested later if new disagreements were to arise” is untenable.

First, the needs of the children and their relationships with their parents change over time; parents must have an ability to address these changes with court intervention if necessary. Clearly, a parenting plan created when children were of pre-school age will not address the needs of teenagers.

Secondly, a non-modifiable custody plan would give little consequence to a parent who willfully violates a visitation schedule or attempts to alienate the children from the other parent.

Perhaps a better solution to lessening the pain inflicted from a contested custody battle would be to start with a presumption that both parents are fit and that some type of joint custody arrangement is warranted. In most cases, both parents want to be involved all facets of their children’s lives; decisions regarding the children’s health education and welfare should be shared. Likewise, children should be afforded sufficient time with both parents to create strong and lasting bonds.

Obviously, joint custody could never be an option in cases, where, for instance, there is evidence of abuse, abandonment or mental illness.

If sole custody was an option only in those cases where one of the parents was unable, unwilling or unfit to share custody, I am sure there would be far fewer custody fights, thereby achieving Bettelheim’s goal of “peace between parents” and an end to custody litigation.

Source: "Should There Be No Fault Child Custody Laws?" by Daniel Clement, published at his New York Divorce Report.

Value of Closely-Held Businesses in Divorce

J. Benjamin Stevens — Mon, 22 Feb 2010 22:48:51 -0500

When spouses own a business and they are getting divorced, the value of the business becomes a major focus of the division of property. Michelle O'Neil recently explained the concepts of valuation of a closely-held business entity that affect and even minimize the value of a closely-held business entity:

Valuing a business is a complex, and often expensive part of a divorce. A business consists not only of tangible assets like buildings, bank accounts, inventory, tools, fixtures, furniture and machinery; but also, intangible ones such as mortgages, leases, patents, trademarks, unlisted stock, skilled labor, accounts receivable and most notably, “goodwill.” A business is valued usually based on the fictional assumption of a sale between a willing buyer and willing seller.

The most common legal concept that affects the value of a closely-held business is the distinction between the personal goodwill and commercial goodwill of the business. The personal goodwill is that goodwill attributable to the person of the business owner. Take a small bookkeeping firm, for example, owned by a wife. Most of her clients do business with her company because they like her and trust her work. her business has no reputation separate from her. That value of the business attributable to her presence is personal goodwill. The value of a business attributable to personal goodwill is the spouse's separate property.

Commercial goodwill, on the other hand, is that goodwill that exists independent of the business owner. It is the independent reputation of the ABC Company that exists separate from the business owner. The value of a business attributable to the commercial goodwill is community property if the business would otherwise be community property.

Also diminishing the value of a business is the frequent occurance where a business remains subject to the control of multiple owners. This discounts the value to any one of the owners for lack of control. Another factor that decreases the value of a business involves marketability, which is defined as the ability to convert an investment into cash quickly at a known price and with minimal transaction costs. The more difficult a business would be to sell, the greater the discount for marketability.

Many businesses have "Buy/Sell Agreements". These cannot be relied upon to calculate a business' value. Such agreements typically protect the majority partner interests and rarely reflect actual value.
The best way to approach valuation of a business entity in a divorce is to hire an independent business appraiser—a CPA with an Accredited in Business Valuation (ABV) credential or a certified professional, like a Certified Business Appraiser (CBA) or someone recognized by the American Society of Appraisers (ASA).

Source: "Minimizing Your Business Value in Divorce" by Michelle O'Neil, published at her Dallas Divorce Law Blog.

The Key to Successful Marriages

J. Benjamin Stevens — Thu, 18 Feb 2010 07:00:04 -0500

Leah Ward Sears, who served as a family court judge for 26 years and is the recently retired chief justice of the Georgia Supreme Court, recently wrote an interesting editorial in the Atlanta Journal Constitution about what it takes to make a lasting marriage. She said that more than anything else, it’s plain old commitment that matters most:

There is a lot of conventional wisdom on the key to a successful marriage. Marry someone you love. Marry someone who makes you laugh. Marry someone who can put up with you. Marry someone who is financially secure. Marry someone with similar values, common interests and a good education. All are good advice. But after years of thinking about and studying this country’s divorce epidemic, I now believe that the key to most successful marriages is when the couple is more committed to the health and longevity of the marriage than to each other. That way, during those times when they can’t stand each other — and those times surely will come, as no one is perfect— they have something to fall back on and remain committed to.

This is great advice, because people in any relationship will inevitably mess up somehow and upset the other person. Commitment to the relationship gives the couple time to work through those difficulties for a more lasting marriage.

Source: "Key to Successful Marriage" by Gideon Alper, published at his Atlanta Divorce Law Blog.

Dependency Exemption Basics for Divorced Parents

J. Benjamin Stevens — Wed, 17 Feb 2010 16:43:39 -0500

Tax season has arrived and with it questions as to tax treatment of children of divorcing or divorced parents. For purposes of this article let's deal with the most basic, the "dependency exemption". According to the IRS, the parent who has custody of his or her child for more than one-half the year can claim the child provided that he or she has provided more than half of the child's support for the year in question.

In some cases, however, the non-custodial parent can claim the child but in order to be able to do so four requirements must be met:

First, the parents must be divorced or legally separated under a written agreement or lived apart continuously for the last six months of the year;
Second, the child has received more than half his or her support from the non-custodial parent for the year;
Third, the child has been in the custody of either or both parents for the greater part of the year; and
Fourth, the custodial parent releases the claim to the dependency exemption to the non-custodial parent in writing (IRS Form 8332) which must be attached to the non-custodial parent's tax return.

In many divorce cases, a non-custodial parent's right to claim the exemption is established by court order or written Marital Settlement Agreement. In divorce negotiations, this right may be a bargaining chip since the exemption is worth more to the higher income parent. Assuming the non-custodial parent receives the exemption, the next question is whether it should be annually or perennially. It is not advisable for the custodial parent to waive the exemption for more than one year at a time and agreeing to do so each year should be tied to a provision in the Agreement or Order requiring the non-custodial parent to be current in child support for the year in question.

Since no two cases are alike, a parent going through divorce should always consult with knowledgeable matrimonial counsel to determine what is in their best interests in terms of settlement or trial.

Source: "Child Related Tax Benefits for Divorced Parents" by John S. Eory, published at his New Jersey Law Blog.

Ways to Lose Clients and How to Avoid Them

J. Benjamin Stevens — Tue, 16 Feb 2010 15:21:02 -0500

Law Practice Today recently published an article describing six ways that lawyers lose clients and how to avoid them. For the attorneys that read my blog, I thought that these tips would be insightful and helpful for them. For the clients and potential clients that read this article, consider whether your attorney is guilty of any of the following mistakes:

"Only" offer advice. It is more helpful to counsel a client on the full scope and implications of a problem and possible solutions than it is to simply tell someone what to do.
Demonstrate a lapse in integrity. Once a client discovers she has not learned the complete and utter truth about a matter, regardless of how little or how much is at stake, it is difficult to regain that lost trust.
Fail to communicate with the client. Whatever your clients’ preference (telephone, e-mail, mail, fax or a combination), adapt your communication style to respond to their needs.
Do not deliver work product in a timely fashion. This problem can easily be remedied by directly and regularly communicating with clients regarding their expectations for how and in what time frame they need to receive the components of their ongoing projects.
“Nickel and dime” your client. Lawyers who want to build long-term relationships with clients will be well served to carefully monitor their billable time and resist the urge to bill for every six minutes.
Fail to provide “value-added” services. Lawyers can use communications tools such as newsletters, e-newsletters, legal alerts, blogging, etc. to develop deeper connections for your clients and their clients.

Source: "Six Ways to Lose a Client And How You Can Avoid Them" by Kimberly Alford Rice, published in Law Practice Today.

Checklist of Hidden (or Easily Overlooked) Assets

J. Benjamin Stevens — Fri, 12 Feb 2010 00:01:42 -0500

The following is a list of easily-overlooked or "hidden" assets in property settlement or division cases:

Frequent flyer mileage
Security deposits (e.g., utilities, car lease)
Timeshare property
Leased vehicles, cell phone, other items
Stock options
Memberships (e.g., country club)
Bond or deposit for country club
Unused vacation, sick leave
Patents, copyrights, royalties
Income tax refunds
Income tax capital loss carry-forwards
Income tax charitable contribution carry-forwards
Marketable govt licenses (radio licenses, commercial fishing quotas)
Special retirement benefits (“golden parachutes”)
Retirement - life insurance benefits
Retirement - medical benefits
Retirement - survivor benefits
Hobby or other collections
Contract rights from marital employment (e.g., insurance renewal payments for agent)
Affiliation “rewards” programs (e.g., points or discounts for credit card use)
Entertainment tickets, season ticket options
Business vehicle for personal use
Prepaid rent, leases, subscriptions
Burial plots
Life insurance cash surrender value (or perhaps death benefit if insured is elderly)
Tort, worker’s comp claims
Stock options
Hangar lease (for aircraft)
Hotel or credit card points
Cash
Small business retained earnings
US Savings Bonds, other securities
“Hidden value” items - rare items of personal property (e.g., antiques), rare pets, collectibles
Options to purchase property
Unpaid commissions on deals set to close
Referral fees (e.g., for personal injury lawyers)
Security or performance bonds posted
Car insurance prepaid
Taxes prepaid

Source: "Your Spouse’s “Hidden” Assets - A Checklist" by Steve Worrall, published at his Georgia Family Law Blog.

Tips to Keep Your Children Out of the Middle

J. Benjamin Stevens — Wed, 10 Feb 2010 00:05:06 -0500

Most everyone would agree that it is a good idea to shield children from most parental conflict. Nevertheless, there are many times during and after divorces when children get drawn into family disputes and end up in the middle, with both sides pulling on them. The following is a brief list of 5 "Don’ts" and a "Do" that may help avoid such situations.

Don’t ask the children to decide. In the heat of family disagreements, it may seem simple or fair to just let the children decide where they want to live, or what visitation schedule they want to follow, etc.; parents may feel that’s like having a neutral person make the decision. Unfortunately, that puts a lot of pressure on the children and sets them up for guilt feelings and/or angry parents.
Don’t disparage the other parent or his/her family. This can be by direct comments made to a child or it can be done indirectly, such as comments made to others, but overheard by a child. It can also include body language and gestures that indicate disapproval or other bad opinions of the other parent. A child will likely take such actions or words as an attack on him or her.
Don’t argue around the kids. Disagreements are normal, even in well-functioning, intact families. Discussions and arguments between adults should take place just between adults, if at all possible. The kids don’t need to be drawn in or manipulated by the situations.
Don’t ask the children about the other parent. It’s not necessary for you to know everything that goes on when your children are with the other parent. Children will often tell about things they enjoyed or about big events, good or bad. Children don’t like being grilled about what happens when they visit their other parent.
Don’t use the children as messengers. If you want to send a message to the other parent, talk directly by phone or in person, send a letter or send an email. Kids aren’t always dependable anyway. And if you send a message by the children and then the other parent reacts badly when the message is delivered, the children are likely going to feel that they caused the problem.

Finally, something you can Do:

Do take a co-parenting class, preferably with the other parent. There are several good classes available in this area in person and even on line. I recommend the "in-person" class because you can learn more and get specific questions answered.

If you can avoid the temptation to put your children in the middle of adult disputes, your children will be happier and you should have better relationships with them (and maybe the other parent as well). If both parents will take a co-parenting class, all of this advice may be unnecessary!

Source: "How to Keep Your Child Out of the Middle" by Dick Price, published at his Divorce and Family Law in Tarrant County, Texas blog.

Your Recipie for a Happy Divorce

J. Benjamin Stevens — Mon, 08 Feb 2010 00:05:15 -0500

Maintaining happiness (or some semblance of it) through your divorce might not be as difficult as you think. According to scientists, the following things make us happy:

Virtues: Our sense of wisdom, justice, compassion for others,
Gratitude: Appreciating what we have and expressing it to ourselves and others,
Savoring: Enjoying the moment and taking time to smell the roses,
Engagement: Being in our activities for the experience of it ("being in the zone"),
Living a meaningful life: Doing things for others and helping others.

Studies of the Danish (the happiest people on earth) show that low expectations also make us happy. If our expectations are low, then we become happy when things go unexpectedly well. Also, Denmark's social safety net ensures people the basic necessities of life.

How can you go through a "happy" divorce?

Remember that you are in control of the things that make you happy (see 1-5 above).
Approach the divorce – and the associated child-custody, division of property, maintenance issues – with realistic expectations.
Reach an agreement with your spouse and litigate as few things as possible. This will save you money and – like the Danish – you won't have to worry about the basic necessities of live.

Source: "Recipe for a Happy Divorce" published at Divorce by Marie Fahnert.

Tips to Help Prepare for Court

J. Benjamin Stevens — Thu, 04 Feb 2010 08:41:00 -0500

When it comes to the Courtroom, you will find this to be a pretty place. Once the divorce proceedings begin, the outcome of your divorce is in the hands of a total stranger – the Judge. You no longer have control. All decisions will now be made by a stranger. Of course this stranger may be having a bad day, not feeling well, or even have had a major fight with their spouse the night before. I know it’s scary and may even seem unfair, but this is the real world and it happens all the time. This judge is now in control of the outcome of your trial.

Here are a few tips to help prepare you for the Courtroom experience:

First, I strongly recommend you try to settle as many issues as possible before entering the Court Room. This means the judge won’t be in control of everything.
Do not expect the Judge will always make decisions in your favor. There are three directions the judge can go when making a decision: Your way, your spouse’s way, or the Judge’s way. As you can see, two out three are not in your favor.
Discuss how you should act, and when to speak with you attorney before going into the courtroom. Do not speak unless asked to do so by the Judge.
When addressing the Judge with respect by addressing him/her as “Your Honor.”
Never speak to or make comments to your spouse when you are before the Judge.
Leave all hostile and negative emotions at the door. Do not make faces or gestures when the judge or your spouse’s attorney is speaking. Judges see this and do not appreciate it.
Dress for success. Your attorney will have a certain strategy on how he/she wants you to be portrayed. Therefore, consult your attorney on how he/she wants you to dress.
Take notes. Don’t leave anything to chance. Your attorney will be very busy during the process and cannot remember or write everything down.
Be prepared and stay organized. Bring as much information, documentation and any pertinent documents that you possibly can with you. It is better to have too much ammunition than not enough.
Be prepared to be in the court house for some time. You will sometimes wait for hours before your case is called.

Source: "Divorce – Court Room Tips" published at Barrow & Weigel PLLC's Kentucky Family & Divorce Law Blog.

Spartanburg Family Lawyer Interviewed at Greenville Online / Upstate Parent

J. Benjamin Stevens — Mon, 01 Feb 2010 08:44:04 -0500

From Upstate Parent magazine / GreenvilleOnline.com:

Ben Stevens is a 39-year-old native of Orangeburg who is a family law attorney in Spartanburg. He's also a legal blogger at www.SCFamilyLaw.com as well as www.TheMacLawyer.com. He lives in Spartanburg with wife Hollinger and children Jay, 9, and Elizabeth, 7. A new member of the family, a boy, is expected in February.

1. Surf or turf?

A good steak is second only to good seafood.

2. What's your favorite childhood memory?

Playing baseball with my friends in the playground directly behind my house.

3. What's your favorite dinner?

I enjoy shaking things up by having breakfast for dinner from time to time — bacon, eggs and cheese grits.

4. What's your favorite way to relax?

Writing for my blogs and watching movies with my wife.

5. What is your favorite TV show?

“Curb Your Enthusiasm.”

6. When you were younger, what did you want to be?

Much older.

7. What was the best night out you've ever had?

The night I got engaged — dinner at my wife's favorite restaurant, Soby's, followed by me surprising her by popping the question at Falls Park in Greenville.

8. What's your favorite restaurant?

Chophouse '47.

9. What are your talents and hobbies?

The ability to communicate and motivate others, which I use in coaching youth baseball and basketball.

10. What is something important life has taught you?

Sometimes the best things happen to you when you least expect them.

11. What do you wish you could do?

Have about three more hours every day to be able to do all the things that I don't have time to do now.

12. What would surprise people about you?

I'm still a rabid Clemson fan, even after attending USC School of Law.

13. What do you have on your nightstand?

My iPhone and a book about effective communication skills.

14. What do you wish you could share from your childhood with your children?

The self-reliance that I learned while being raised by a single parent.

15. What is your favorite indulgence?

Sneaking off to play a quiet round of golf, though that doesn't happen nearly often enough.

16. What's the best book you've read lately?

The best book ever is “A Time to Kill” by John Grisham — it just doesn't get any better.

17. How did you meet your spouse?

We met when I was cross-examining her on the witness stand as she testified for the opposing party in a family court case.

18. What was your first job?

My first real job was working at a feed-and-seed store, where my duties included shoveling chicken poop.

19. Whom do you most admire?

Rather than any one person, I admire different aspects of several people: my grandfather's common sense and wisdom; my father's insight and ability to see the next move; and my wife's ability to get along with just about everyone.

20. What celebrity have you met, and how cool was it?

I worked security at a concert by The Smithereens back when I was at Clemson, and they were not only cool guys, they were very down to earth.

Source: "20 Questions with Ben Stevens" published at GreenvilleOnline.com.

Have You Googled Your Spouse?

J. Benjamin Stevens — Fri, 29 Jan 2010 00:01:57 -0500

Do you know your spouse? Do you really know him/her? Check out the following article to see what a wife learned about her husband through a simple Google search:

Faye Miller was having some marital problems and went to counseling to avoid a divorce. Her therapist suggested she do some digging on the internet concerning her fears about her husband. He was a podiatrist who she thought "was working a lot of hours and away at medical conferences." It turns out he was away a lot given he had 2 other wives, one in California and one in Canada. Her research turned up that the doctor was married to one woman when he married Faye and then married another woman in Canada after they were married. Well, the battle is on. She has filed for an annulment and also seeks child support for their two children. The husband claims it was just a misunderstanding. You can read more about the case here.

Source: "Google Search Turns Up 2 Other Wives for Husband" by Robert Kisselburgh, published at his Mississippi Family Law Blog.

How To Find A Good Family Law Attorney When You Need One

J. Benjamin Stevens — Wed, 27 Jan 2010 00:01:59 -0500

Most people do not have a clue how to find a good lawyer when they need one. In fact, statistics show that 68% of consumers spend two hours or fewer gathering information before selecting a lawyer.

Determine the type of lawyer you need. In most states, a licensed attorney may practice in any field of law, but most concentrate on very specific areas. Most states (though not South Carolina) also have a process of specialization for attorneys. "In days gone by, most lawyers were general practitioners, meaning that they handled cases in a wide variety of practice areas. As the number of lawyers grew, the law became more complicated, and our society spread out, it has become necessary for lawyers to concentrate their efforts," says Michelle May O'Neil, a board-certified Dallas divorce lawyer . There are almost as many different practice areas as there are lawyers. For example, a lawyer who practices admiralty law might not be the best attorney to assist a person needing a divorce. Or, a construction lawyer might not be best suited for a real estate dispute.
Utilize referral sources. One of the best resources to find a lawyer that does the kind of law you need is through other lawyers. Everyone should know at least one lawyer they could call and ask for a referral. Even if the lawyer you know practices criminal law and you need someone to prepare a will, the criminal lawyer will be able to give you some referrals in the practice area you need. There are also referral lists maintained by most local and state bar associations. The downfall of using these services is that there is usually no screening on the qualifications of the particular lawyer with the individual need. It is then up to the consumer to inquire sufficiently into the lawyer's experience compared to the need of the consumer.
Look online to research lawyers in the area you need. The internet is an extremely beneficial source of locating a lawyer. Many websites maintain directories of lawyers nationwide. Most law firms these days maintain websites and usually you can find those through any search engine. Often lawyers are active in professional or community organizations which may be featured on a website. "My firm's website www.oneilanderson.com is a key tool in educating clients on what distinguishes my family law firm from another firm in Dallas," says Dallas Divorce Lawyer Michelle May O'Neil. "I find that most potential new clients read all or part of an attorney's website before meeting in person."
Meet in person with a couple of lawyers. The initial interview with an attorney that you are considering hiring is extremely important. Take with you to the interview all of the documents and other information that relates to your problem. Also take with you the names and addresses of the important people that have something to do with your case. Don't be afraid to ask your lawyer about his or her credentials. Ask how many cases similar to your's that she has handled. Prepare a list of questions to ask when you get there - what is the law related to your case? What are the realistic outcomes? What is the lawyer's philosophy for handling your case? Does she recommend an aggressive approach or one geared more toward settlement? Consider your comfort level with the attorney and the personal compatibility. Did you get a feeling of trust from the attorney? Did the attorney seem to know what she was talking about? Did the lawyer seem confident about your case? I never recommend that a person hire the first attorney they meet
Establish reasonable expectations. Many people have never dealt with a lawyer before, so they don't know what to expect. First and foremost, you should expect frank, honest advice. Your lawyer should point out for you the strong and weak points of your case and give you a realistic expectation of the potential outcomes. She should keep you informed and send you copies of documents pertaining to your case. If a lawyer gives you a guaranteed result, run the other way!!! Lawyers are prohibited from guaranteeing any particular outcome, so be very leery if this happens. Don't expect your lawyer to act as a psychologist, financial advisor, tax planner, or to give any other advice outside of her expertise. If you need advice in other areas, consult a professional in that area.

Source: "How To Find A Good Lawyer When You Need One" by Michelle O'Neil, published at the Dallas Divorce Law Blog.

Child Custody Terms :: Legal, Physical, Sole, Joint, Primary, Split and Others

J. Benjamin Stevens — Mon, 25 Jan 2010 00:01:40 -0500

Note: The following post was done by an attorney in Missouri, but it does an excellent job of explaining many of the terms commonly used with regard to child custody. Many of the terms referenced below are used in other states, including South Carolina. You should contact an attorney in your state to discuss the terms that apply there.

In cases involving children, the Court must, either by agreement or by trial, set up some sort of custodial arrangement for the kids involved. There are many options available, all of which fit under a just a few legally recognized categories. There are as many if not more “definitions” of custody floating around out there that don’t actually mean anything legally. People usually have at least some idea of what it is that they are seeking in their minds, but they have trouble defining it. So here we go with a little Child Custody 101 to assist those with their initial case preparation:

Legal Custody :: This is one of the two types of custody that must be determined by a Missouri Court in all cases. The legal aspect of custody means decision making and parental authority, basically. It means having the legal right to make (and participate in) any material decisions affecting the children. Included are the choice or change of school, college, camp, or comparable summer activity, special tutoring, music, sports, art, dance, and other cultural lessons, psychological or psychiatric treatment or counseling, doctors, and surgeons; notice of illness and injury; access to school and medical records; and all other material decisions affecting the health, education, and welfare of the children. Specifically, decisions regarding educational instruction, religious instruction, health care, discipline, and child care providers are included in the model parenting plan, but anything relevant to the children could be included in the definition. Legal custody can be granted to one or both parents, but the overwhelming preference is for joint legal custody.
Physical Custody :: This is the second aspect of custody that must also be determined. Physical custody simply means the right to have actual physical possession of the children at a certain specified time. The preference is for joint physical custody, which only means that both parents have the right to physical possession of the children at certain times. The actual schedule can vary greatly, however, and this is where tailoring to the specific needs of the family is important. Joint physical custody could be an alternate weekend schedule, alternate weeks, holidays and spring break only, summertime only, 3 day/4 day, 5 day/2 day, 50/50, open ended, or whatever other schedule is appropriate for the case. Just as a note, in a 50/50 joint physical parenting schedule, reduced child support is still usually paid in some form or another.
Joint Custody :: As discussed above, this is the preferred arrangement and will usually be awarded unless a physical or emotional danger to the child is demonstrated. The Court has to determine whether joint custody is appropriate as to both the legal and physical aspects of custody.
Sole Custody :: This is the alternative to joint custody where only one parent is granted either all of the decision making rights (sole legal custody) or all of the physical parenting time with the other parent being excluded completely (sole physical custody), or both. Courts are reluctant to order either of these options unless it is shown to be in the children’s best interests, which usually means that physical or emotional danger to the children will occur under any other alternative. Also, as many times as I have seen it, there is no such thing as sole physical custody to one parent along with a parenting schedule for the other parent. If both parents are to see the children, whatever the schedule, that is joint physical custody by definition.
Split Custody :: This is an arrangement where the children are “split up” between the two parents, meaning that some of the children reside with one parent while the other children reside with the other parent. This is not too common, but it does happen. Courts are usually reluctant to split up children except in the most unique of circumstances, but the parents can agree to such an arrangement if they feel it is best.
Full Custody :: There is no definition of Full Custody in Missouri and it has no legal significance. When referring to this, people are talking about some combination of the above types of custody.
Primary Custody :: This is no longer a legal definition in Missouri. Now it is called “residential address for education and mailing purposes.” It usually means the home where the children reside for the greater amount of time, and the home that is in the children’s school district. The parents are supposed to be equal so they are no longer referred to as the primary parent and the lesser parent.
Visitation :: This is the time where you view the body before a funeral. So, if you are talking about your kids, call it something else, like “parenting time”.

Hopefully, this helps to clarify a little bit, but when it comes down to it, it is still just a bunch of words on paper. Put the children first, focus on what is best for them and what will really work with your family, and don’t get too wrapped up in the terminology.

Source: "Full Custody, Joint Custody, Sole or Split? Or maybe 50/50. What do I really want and what exactly do these words mean in Missouri anyway?" by Mark Wortman, published at his Missouri Divorce & Family Law Blog.

GSA Business Reports Firm Merger

J. Benjamin Stevens — Fri, 22 Jan 2010 00:32:37 -0500

Spartanburg attorneys David Turnipseed, Doug Brannon, Brac Turnipseed and Ben Stevens have combined their practices to create Turnipseed, Brannon & Stevens.

“This new partnership provides a tremendous added value for all our clients,” said David Turnipseed, whose office at 128 Magnolia St. now serves as the new headquarters. “By joining forces, we will be able to provide additional levels of service while continuing our primary mission of protecting Spartanburg families’ rights during difficult times.”

Turnipseed, Brannon & Stevens is a full-service family law, criminal law and personal injury firm.

With more than 60 years of experience, the attorneys’ knowledge and integrated legal philosophies complement and enhance one other, the firm said. Stevens brings a technological interest to the mix, known nationally as “the Mac lawyer.” Brannon is a criminal defense attorney with a strong civic commitment to the Spartanburg community.

Source: "Spartanburg Attorneys Join Forces" published in GSA Business.

SC Family Law Blog Named in Top 100 Divorce/Family Law Blogs

J. Benjamin Stevens — Fri, 08 Jan 2010 00:01:06 -0500

The South Carolina Family Law Blog was named one of the Top 100 Divorce/Family Law Blogs. I am very pleased to have received this honor and to have been named along with such other prominent family law blogs. 2009 was a great year for this blog, and I am excited about all the great things that 2010 holds. You can view the whole list here.

Father's Rights in Child Custody Cases

J. Benjamin Stevens — Wed, 06 Jan 2010 00:01:23 -0500

Custody Battle: Dad's Story – A new generation of fathers is fighting for custody – and a fair shake in court:

“Yes, but who’s going to cook them dinner?” When Ben Oshman got that question from a judge hearing his request for custody of his three kids, he was furious. Because whatever new challenges moms have these days, when it comes to custody, things haven’t changed much for dads—especially the gender-based stereotypes that render them the second most important parent.

But now, dads are fighting back, demanding custody where custody’s due. Their motivation is simple: “I wanted to have kids. I wanted to have the family,” says Oshman, who ended up getting joint custody of his three girls. To him, divorce “didn’t mean I should have to give up my family.”

A groundswell of support is rising up for dads seeking custody, as evidenced by the increasing number of groups like dads rights (dadsrights.org), Custody Warriors, and dadsdivorce.com. “Fathers increasingly want to be more deeply involved with their children”—a desire that doesn’t disappear after divorce, says Danny Guspie, executive director of Fathers resources international, a group that advises divorced dads. “When you see some dads have success, it encourages others.”

Thirty years ago, dads never litigated for custody, says Jeffery M. Leving, a Chicago lawyer at the forefront of the fathers’ rights movement. “Men didn’t place fatherhood at the top of their priorities. Now, if they face a divorce, their children are their main priority, and they will fight to avoid being kicked to the curb.”

Bottom line: dads say they’ve become better parents, so they deserve a better chance. “They’re demanding more fairness,” says Leving, “and sometimes they’re getting it.”

Philip Lerman is the author of Dadditude: How a Real Man Became a Real Dad.

Source: "Custody Battle: Dad's Story" by Philip Lerman, published at Working Mother magazine.

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