Legal Question in Family Law in South Carolina
Definition of custody in SC
When I was divorced in March 2006 in the state of South Carolina, I received custody of my two children in a non contested divorce. I thought custody was custody and did not realize further wording may be necessary for some actions. My question is if I have legal AND physical custody or just physical. The exact wording in the divorce decree is: ''The plaintiff shall enjoy custody of the two's minor children. If the plaintiff chooses to move from the state, the defendant shall enjoy liberal visitation. This is deemed to be in the best interest of the children.'' I did in fact move from SC to Ohio which my ex husband was aware I was doing and he agreed it was best for the kids to be with my family. There was no visitation schedule added to the decree, as we decided to make arrangements outside of the court. He has only seen the children 3 times briefly in 19 months and had them at his home one night. Please tell me if I have legal custody and if anything has changed since I moved to Ohio 19 months ago. Thank You!
2 Answers from Attorneys
Re: Definition of custody in SC
In SC, the wording "custody" generally entails both legal and physical custody unless the Order says something differently.
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
Re: Definition of custody in SC
It appears that in Ohio you would be considered the 'residential parent.' This means that official information--medical, school, etc.--is sent to you. Their father is the nonresidential parent. I think that the language of your parenting agreement would have to be interpreted by a local court to truly know what it means.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
