Asked in Family Law and Child Custody for South Carolina

Q: I'm in SC, baby was born in Florida and lives with mother in NC. Where do I go to court to get shared custody?

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.

If the child has never lived in SC, then SC does not have jurisdiction to decide custody.

Depending on the child's age, the home state will either be where the child has lived for the 6 months immediately before the case is filed, or -- if the child is younger than 6 months old -- the home state will be where the child has lived since birth.

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