Legal Question in Family Law in South Carolina

Joint Physical Custody - In 2 Different States - Where is Jurisdiction?

My ex-husband lives in South Carolina and I live in North Carolina. Both of us are legal residents of our respective states. I want to go home to Ohio where I am from with our 3 1/2 yr. old son. My ex is from South Carolina and is with his family. I am not. There is no familiar support here. We lived in Ohio together as we were married and he ''didn't feel he could be productive up there'' verbatim. We moved down here and 2 months later were divorced. We have joint physical custody. Do I have to have permission to move? There is nothing in our custody that says I can't. I will agree to pay all transportation costs and will bring my son back to South Carolina personally with no change in visitation. I don't have a job here so money is an issue, where I can go home and work for my mother which will allow me the time to travel back and forth upholding vistation rights. What do I have to do to go home? And who has jursidiction? North or South Carolina?


Asked on 9/09/03, 10:31 am

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Joint Physical Custody - In 2 Different States - Where is Jurisdiction?

You will need an attorney. Where is your ex living? In what South Carolina County were you divorced? Where is home in Ohio? Although there is nothing in your agreement forbidding you to move, the attorney will need to look at the whole divorce decree and any agreement made a part of the order.

Maybe you would like to contact me direct?

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Answered on 9/09/03, 12:37 pm


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