Atlanta, GA asked in Family Law and Child Custody for South Carolina

Q: I have daughter with a man I was with for 5 years but not married to. I want to move with her out of state. Process?

Our daughter has spent equal amounts of time in each household, however, the relationship between the father and I has become increasingly strained. I have taken a travel physical therapy position in Texas and want to move there with my daughter. At first her father agreed, but then fought me about it. In order to eliminate stress on our child I (informally) agreed to allow her to stay with him until the travel assignment was over. However, I was offered a FT position, a very generous offer and I feel that this would be a very beneficial move for my daughter and I as her father does not work, depends on me for money, his phone etc. What legal steps need to be taken to allow my daughter to move with me?

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1 Lawyer Answer

Cheryl Ann Truesdale

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

A: You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court seeking the establishment of paternity as to the father and custody of your daughter. The case would have to be filed in the state that is the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act. You should consult with a lawyer as soon as possible to get help.

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