Legal Question in Family Law in South Carolina

Moving across State Lines and Parental rights

I would like to move from South Carolina to California with my two teenagers. My ex has not shown up for court dates and only pays child support to the court when he feels like it. He has been jailed for non payment and has gone over a year without seeing them in the past. Currently he is up to date on the court-ordered, but He doesn't follow the court order to pay me medical, dental and school expenses at all. Has he waived his parental right? Can I take them to a bigger city in California, in order that I will be able to find a higher paying job and expose them to a better economic area? Should I ask the police if I can move?


Asked on 6/12/08, 8:03 pm

1 Answer from Attorneys

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

Re: Moving across State Lines and Parental rights

No, he has not waived his parental rights merely by failing to pay some items. However, he may have given you grounds to file an action to terminate his rights, but there are other factors that must be considered.

With regard to your possible move to CA, there are many, many factors that come into play in relocation cases, and it is virtually impossible to get into them in this forum. The police do not know family law, so they will not be able to tell you anything helpful or useful on this issue.

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.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 6/13/08, 9:05 am


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