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

Answered
  • 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.

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