Irmo, SC asked in Family Law, Child Custody and Child Support for South Carolina

Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?

My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable to help me financially. Do I need to go back to VA to file for custody? Can I do all of this myself?

1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could be filed here. You will need a lawyer to help you. I have given only general information, I suggest you schedule a consultation with a lawyer in your area to get advice on how and when to move forward on a custody case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.