Legal Question in Family Law in South Carolina
child custody / visitation
My daughter has been relocated to Bluffton, SC from Memphis, TN. As the non-custodial parent, I would like to know how to go about obtaining custody or modification of visitations. Currently my daughter is in an all-year round school program that has further diminished my ability to visit with her. There has been a long history of my visitations being frustrated. The custodial parent will not give me an address where they live, or a phone number. The custodial parent makes me purchase a track phone card to talk with my daughter, but rarely will answer the phone. Yells at me on the phone continuously in front of my daughter. When the custodial parent first left Memphis, she moved to Pensecola, Fl. She denied me access to my daughter through any medium for two months. Again, when she moved from Fl to now Bluffton, SC, she did not inform me of the relocation until nearly three months after they FL. In addition, the custodial parent tells my daughter that I am not her father. Please, how do I obtain custody of my child or modification of visitations that reflect the huge and dynamic distances along with the ''frustrations'' that I encounter. The current visitation order is under the impression that my daughter resides in Memphis, Tn.
1 Answer from Attorneys
Re: child custody / visitation
Under SC law, you would certainly be entitled to a modification of your visitation (and possibly custody) under the facts you describe. If the child has been in SC for over six months, then SC may have jurisdiction in this case, but TN may also have a claim to jurisdiction depending upon other factors you didn't reference.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens