Legal Question in Family Law in South Carolina

ex wife has sole legal custody of my son, 13 year old minor child. She is threatening to take him out of the country. Can she do this????


Asked on 8/23/09, 10:23 pm

2 Answers from Attorneys

Rita Metts Metts Law Firm, LLC

Please don't accept this as legal advice or an offer of representation. Based on the limited information provided, I don't know enough about the details of your custody to tell you what she can or can't do. However, and most importantly, I can tell you that you have a right to file a complaint with the family court to try to restrict this from happening or to alter your visitation to accomodate any move.

Please contact an attorney for a individual consultation that can take into consideration all the details, including the custody agreement that your ex-wife has and your rights as a father prior to any move by your ex-wife. You may have options that can help you.

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Answered on 8/29/09, 11:48 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

The custodial parent can typically do what he or she wants during his or her time with the child, but NOT to the detriment of the other parent's time with the child. If her "threat" has to do with a vacation, it's much different than moving the child permanently outside of the country.

The other aspect to your question is whether you will "allow" her to take the child. In other words, if you don't try to stop it, then it is not as important as to whether she "can" do it or not. You need to act to protect your rights and your child, if you believe that it is necessary to do so.

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 9/09/09, 10:25 pm


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