Legal Question in Family Law in South Carolina
My daughter lives in South Carolina. She and her husband have been separated for almost a year. They don't have a legal separation or child custody agreement. They have two children; one lives with him and the younger one, who has cancer, lives with her. He has been unwilling to provide child support or any financial support. She has only been able to find a parttime job and is about to go into bankruptcy. She would like to move to Arizona where the opportunity to find a fulltime job is greater and she would have the help of family. Her husband will not agree to let her leave with their younger son. Since there is no legal custody agreement, can she move to Arizona without his consent?
1 Answer from Attorneys
If there is no order preventing her from doing so, then she can move wherever she desires, but that could trigger the husband seeking custody of that child. By far, the best solution to this situation is for her to file an action to have the Court determine who can and can't do what and to also address the financial issues.
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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