Legal Question in Family Law in South Carolina

Re: child custody case pending in south carolina

Thank you for your question. First, your daughter must seek legal representation in SC and TX as soon as possible. The SC attorney must help her file the necessary documents to formally answer to the suit and object to SC as improper venue because the child resides in TX. Ignoring the suit and/or not appearing may result in a default judgment taken against her and complicate her ability to establish jurisdiction in a TX court. There is an interstate compact that addresses this type of issue as it is not unique. Your daughter may want to begin fighting back by seeking assistance from a TX attorney as soon as possible.

Re: child custody case pending in south carolina

If she believes that Texas has jurisdiction instead of South Carolina, she should raise that issue a.s.a.p. and try to have the SC case dismissed so that she can pursue in Texas.

She needs to consult with an experienced family law attorney to discuss this issue, because there are some circumstances under which one state may have jurisdiction even with a party and child in a different state.

You can visit my family law blog (www.SCFamilyLaw.com) or website (www.StevensFirm.com) for additional information. Good luck,

Ben Stevens