When parents live in different states determining the proper state to decide child custody disputes can be complex.
We live in a mobile society. People move around, often between states. People move for many different reasons and naturally, if a person has a child, the child will move with them. If there is no court order dealing with the custody of a child, a parent in a dispute with the other parent might move with the child to another state without telling the other parent, seemingly without consequence.
It is because of these facts that the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been adopted in the United States by 49 States, South Carolina being one. The purpose of this legislation is to aid family court attorneys and judges in dealing with child custody issues and disputes in the proper State or jurisdiction. When there is no existing court order, and a parent files an action to address the issue of custody, the family court will decide to hear the case in the "home state" of the child. The home state is the state where the child lived for 6 months prior to the filing of the case.
The team of domestic attorneys at Finkel Law Firm LLC can guide you through the analysis of a UCCJEA case and advise you on how to proceed through the Family Court of South Carolina. If you are dealing with a multi-state custody, visitation, or child support issue, please contact us to schedule a consultation.