Legal Question in Family Law in South Carolina
child custody
I just found out that my husband is going for temp. custody and he has to evict me from the house 5 days before the hearing. Is there a law that says I can't take my daughter with me when I move out and let the judge decide at the hearing who she should live with? He said it would be kidnapping and custodial interference since the papers have already been filled. I have not been served.
1 Answer from Attorneys
Re: child custody
Unless and until an Order has been issued, you both have equal rights to the house, child, etc. He can try to put you out, but you can try to stay or do the same to him. Likewise, you can try to take the child, but he can try to prevent you from doing so.
As for his statement that it is kidnapping, etc., he is misinformed. You cannot kidnap your own child, unless the Court has granted custody to the other parent, which you say has not been the case. Simply filing an action does not change anything until the Court makes its decision.
You need to consult with an experienced family law attorney, as these are complicated and important issues. You are welcome to visit my blog at www.SCFamilyLaw.com for much more information on these and other subjects.
Good luck,
Ben Stevens
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