Bronx, NY asked in Family Law for South Carolina

Q: Hi, I have a question about retaining my daughter past visitation due to COVID-19

I live in New York, where cases are trending downward. My ex, whom I am not divorced from lives in South Carolina, a state that does not have their COVID-19 cases under control. There is no official custody agreement, but she has been living in South Carolina for a year. My ex and I have already agreed that we would be homeschooling her, but I have video evidence that my ex is not taking social distancing or safety protocols seriously enough. Would I be in the legal right to retain my daughter and homeschool her in New York out of fear for her safety? Or would there be legal ramifications?

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY

A: This is really a SC question as your daughter has lived there for more than 6 months. In general, since there is no order of custody, you both have equal rights to your daughter. If you keep your daughter here, the issue will be decided in a SC court.

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