Goose Creek, SC asked in Child Custody, Divorce and Family Law for South Carolina

Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers

I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know its considered kidnapping.. is that correct?I live in southCarolina and the mother lives in Alaska where she kept my son and I'm the one that has court ordered custody of the kids . She just gets summer visitation

1 Lawyer Answer

Cheryl Ann Truesdale

Answered
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause action would be to ask the court to hold the mother in contempt of court for not returning the child and to take steps to return the child to you. If you don't have court ordered custody, you need to consult with a lawyer in your area for advice.

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