Legal Question in Family Law in South Carolina

Moving Home

My Daughtor lives in SC and wonts to move back to NY state because of boyfriend's drug use and not being able to pay rent exc.She has 2 children and he tells her she cant take her children with her or he will have her arested for kidnaping them.They arent married.


Asked on 8/10/06, 9:05 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Moving Home

Unless HE has FULL custody she can not be arrested for kidnapping.

Unless they went to court over custody, she has full, legal custody as the Mother. He has to petition the court for Jt custody/other.

However, he can make an "emergency" petition w/ the court to keep her from taking children out of state re: visitation rights. She would have to convince the court it was in the best interest of the children to re-locate to NY.

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Answered on 8/10/06, 9:40 pm


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