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

Q: What should a father do if a mother runs to another state from SC with minor child?

Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she isn’t coming back. She is refusing to allow the father to see the child alone without a court order and will only let him see the child supervised if he travels to where she has now relocated.

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

A: Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an infant, the home state is the state where the child has resided since birth.

Based on the facts you have provided, your best option is likely to consult a custody attorney in your state about filing an action to require the mother to return the child to your state and establish visitation.

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