Legal Question in Family Law in South Carolina

My daughter lost custody of her year old son over four years ago and recived only phone visitation, although the child's father has allowed visits as long as they were in our home with our supervision. She is now doing much better and would like to go back to court to try to get some regular visitation.

The child and his father have lived in North Carolina for the past four years, but the original custody and visitation were granted in South Carolina.

My question is, in which state would a change in visitation have to be pursued?

Thank you.


Asked on 2/16/10, 9:21 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

She could attempt to file in SC, but if the child has been in NC for the last four years, I suspect that jurisdiction is going to be in NC. She should consult an attorney there first to discuss her options.

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 2/26/10, 6:10 am


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