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?

Related Topics:
1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • 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.

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.