Legal Question in Family Law in South Carolina

My two children ages 15 and 12 live with my mother she has guardianship from new York state. She resides in south Carolina and I live in Maryland. She doesn't allow me to see my children and they want to come live with me. South Carolina doesn't deal with guardianship only custody so they won't let me file any papers and new York says I still have custody and I can file for a termination up there but when I gave her guardianship the judge said I have to file in south Carolina I have been going in circles with this for years. Where can I file and is it possible for me to file in Maryland


Asked on 6/03/10, 9:14 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

If she and the children reside in SC, then a good argument can be made that SC has jurisdiction. You can file an action here in SC for custody or physical custody of the children, and the Family Court should hear it.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 6/04/10, 8:38 am


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