Legal Question in Family Law in South Carolina

child custody from one state to another

I have custody of my minor grandchildren in nc but wish to move to sc, will sc accept the court order from nc?


Asked on 11/05/97, 11:53 pm

3 Answers from Attorneys

Jim Griffin The Law Office of James L. Griffin

Child custody NC to SC

Yes. SC will recognize orders from NC courts. There should be no problem with the move at all.

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Answered on 11/07/97, 11:17 am
Cynthia Carroll Cynthia Y. Carroll, P.A.

moving children from nc to sc

SC will accept the order. The proper procedure is to register the foreign order (the nc order) with the sc court. Then you must file a motion asking the sc court to assume jurisdiction. Under the Uniform Child Custody and Jurisdiction Act, the proper jurisdiction is where the children reside. The child's home state is the state in which the child has resided for the past 6 months; howver, there are circumstances in which the court will assume jurisdiction earlier than 6 months. You need to contact a sc attorney.

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Answered on 11/09/97, 9:19 pm
Jes Beard Jes Beard, Attorney at Law

child custody from one state to another

Under the Full Faith and Credit Clause of the U.S. Constitution, each state is required to give "full faith and credit" to any final judgement of any other state in the union.... meaning South Caroline and North Carolina would each have to honor the child custody decisions of the other just as if everyone were back in the original state.

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Answered on 11/09/97, 10:29 pm


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