Legal Question in Family Law in South Carolina

Uniform Child Jurisdiction

I moved to SC from OH over a year and a half ago. I am residential parent of my daughter,4. Her father moved to Az from OH this past summer. Our orders allow him to visit with her in OH. He never filed a motion to change them. He just emailed me a one way ticket to send her to AZ. Am I legally obligated to allow her go? I wanted to mention that I did allow her to go in Sept. and he refused to send her back. I had to fly and go get her (cost $1000).


Asked on 1/19/09, 11:41 am

1 Answer from Attorneys

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

Re: Uniform Child Jurisdiction

Your best course of action under these limited facts is to bring an action here (in SC) to modify his visitation to take into account the moves and the refusal to return the child. If you simply don't send the child, then you run the risk of a contempt action being filed against you, which can be problematic.

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 1/26/09, 3:32 pm


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