Cheryl Ann Truesdale's answer Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...
Cheryl Ann Truesdale's answer An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
Cheryl Ann Truesdale's answer The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants
Cheryl Ann Truesdale's answer Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take jurisdiction would also allow you to enforce and/or modify your custody order in South Carolina, if that need arose. You will need a lawyer to help you do this.
Cheryl Ann Truesdale's answer You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.
Cheryl Ann Truesdale's answer There is a bill pending in the State General Assembly that would repeal the statute that authorizes suspending a person's driver's license for failure to pay child support. As of January 10, 2018 that bill was being reviewed in committee. It will have to go to and be signed by the Governor of South Carolina because it becomes law.
A state that issues a child support order retains exclusive jurisdiction regarding that order so long as a parent or child lives in the state, i.e., no other state can modify the order.
When both parents and all the children leave the issuing state, the state next taking jurisdiction is indeterminable until someone files a motion to modify. The jurisdiction then moves to the responding party's state. For example, everyone leaves SC, she wants to modify, she has...
Marjorie Simmons' answer Maybe. The legal standard is what's in the best interest of the child. You can call the SC Bar and ask for a referral to an attorney in your county, then call them. If they agree to a short and free consultation, you can pose the question and perhaps get more information.
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