Legal Question in Family Law in South Carolina
child custody
I have a son who lives with his father in south carolina, he is 17 years old and would like to live with me but his dad says no. He is here in tennessee for summer visitation and found a job, what could happen if i don't send him back?
1 Answer from Attorneys
Re: child custody
If you do not return your son you face being taken back to court for contempt of court and being jailed for that in South Carolina.
And even if you never return to South Carolina and avoid being sent to jail for contempt of court there, you could be charged here in Tennessee for Contributing to the Delinquency of a Minor and your son could be charged with delinquency as an "unruly" child for refusing to return to his proper custodial parent. You also could be charged with the crimnal offense of custodial interference.
In other words there is a very real prospect you could be sent to jail and do jail time if you do not send your son back.
The proper approach is to go to South Carolina to ask the court there to approve a change of custody -- for a 17 child, the court there is likely to approve the change.