Legal Question in Family Law in South Carolina

I'm from Ohio i have my son is up there with is father can i go up there and get him i talked to some one up there from the court and they said that i could i just have to find out what the law was down here


Asked on 8/31/12, 11:01 am

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

You are in a complicated situation. I recommend that you go to an attorney that specializes in family law to discuss your specific case. Many attorneys have a free or low cost consultation that you may use to obtain information to help you. I will give you some general information based upon the information you have provided. First if your child has lived in Ohio for over 6 months then Ohio probably has jurisdiction over custody. So you will need to discuss your situation with an Ohio attorney. If your son has lived in South Carolina and is visiting his father then South Carolina has jurisdiction over custody. If SC has jurisdiction then if you and father are married you both have equal rights to your child until you go to Court for a custody and visitation determination. You can just pick up your child and keep him with you. But I warn you that it doesn't look good in Court to have taken a child away from the other parent, so again I suggest getting some legal advice ASAP. If you and father were never married then in SC you as the mother are the sole custodian of the child and you can pick him up and bring him to SC.

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Answered on 9/03/12, 9:12 am


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