Legal Question in Family Law in South Carolina

The answer to your question is complicated but I will give you some general information. If the couple is married then each has equal rights to custody of the children until one of them gets a court order stating otherwise. The term "equal rights" does not mean that either may take off to another state. If you are the parent without the children I would recommend filing a custody action in a South Carolina court as soon as possible. If you wait too long the children may be in another state long enough for the new state to have jurisdiction and if that were to happen you would have to go to that state to fight for your children. If you are the parent with the children, I would not recommend leaving the state. The courts generally do not look too kindly on a parent that tries to hide children from the other parent. If the parents were never married then in South Carolina the mother has sole custody of the children unless there is a court order stating otherwise. Please seek the advice of a local attorney because the choices you make now could and may determine where your children will live.