Legal Question in Family Law in South Carolina
Separation-Spouse out-of-state / Ex Parte Custody
My wife and I both consented to physically separate 4 months ago. One month after the separation, I presented her with an agreement for separate support and maint which she refused. She then filed for child support and I filed an action for legal separation and sole custody of our 2 year old daughter. She avoided service of my action, skipped out on the child support hearing she requested , removed her 6-yr old daughter (from previous relationship) from school before school-year ended and took both children to TX without my knowledge. The 6-yr old is with her father for the summer. I do not know where my daughter is and my wife has refused to let me know my daughter's location. SC Family Court has granted temporary custody to me by Ex Parte, but it is difficult to execute the order across state lines. Law enforcement in my county will not get involved unless and until my wife returns to SC. What are my options for retrieving my daughter from another state? What is the state of my action for Separate Support & M/A if she can't be served? Can my wife apply for custody of our daugher in another state? What are my rights given the circumstances? At what point can law enforcement be engaged?
1 Answer from Attorneys
Re: Separation-Spouse out-of-state / Ex Parte Custody
If you cannot find your wife to serve her personally, then you can serve her by publication. As for law enforcement, if you have an Order granting you custody, then they certainly should get involved now, as that usually falls under kidnapping.
If she is in SC, then your local sheriff's department should assist. If they do not, then contact SLED in Columbia to request their intervention. If she is not in SC, then the FBI should get involved and assist you. It is important that you act upon these issues quickly.
If you are currently represented by an attorney, then your attorney should have already discussed these issues with you in great detail. These are complex issues, and it is important that they be handled correctly. Therefore, you should ensure that you are represented by an experienced family law attorney in this matter.
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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