Wayne, NJ asked in Family Law, Divorce and Child Custody for South Carolina

Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband

Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing

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

A: Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and take your children with you when you go then file a case in family court.

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