Legal Question in Family Law in South Carolina
Where is the venue?
Wife left in Feb, 2006 without kids for ''medical reasons'' to Ct. Kids went for summer visit, then she refused to send them back to me. Her and the kids are still in the other state and I have visited all of them. Enough is enough, where is the venue? Where we all last resided or where she is with the kids. No papers have been filed.We lived together in this state for 9 years.
1 Answer from Attorneys
Re: Where is the venue?
The answer could be "both." If you file here in SC first, then the burden will be on her to argue that CT has jurisdiction based on the UCCJA or UCCJEA because the children have been there for over six months. There are good arguments to be made both ways, so it is not clear which way the Court would rule.
If she file there though, the case will most likely stay there. If you hope to have the case in SC, your best chance is to go ahead and file here before she does anything else.
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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