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Moving out of state w/ no custody agreement established in SC

Beaufort, SC |

My child's father and I broke up when my daughter was 5 weeks old. There has never been custody established, visitation set up, or antyhing. Finally when she was two I did go through Family Court and we have child support set up. I am the "custodial parent" as far as that goes. I am getting married and moving three hours away to be with my husband, who has been in my daughter and my life for over a year. Her father has a very lax schedule with seeing her. Sometimes he see's her a few times a month, others he'll go with seeing her only once a month. I have kept record for the past year of how often he actually does see her... which is not often. I am nervous that with this move he could try and do something to prevent it? What should I be made aware of?
Thank you.

Attorney Answers 1


You should contact the attorney you used when your daughter was two and discuss the ramifications of your move. Without an order in place there is no legal impediment to you moving and the court (if you two cannot work it out) can fashion a visitation schedule it believes appropriate for him and his daughter. I would want you to be certain that the existing order does not change that and to determine with your counsel whether you should take the first step and file to have visitation set by the court.

If you can not or choose not to use the same attorney gather all the documents you have from your court appearance and find new counsel now. There are a number of excellent family court practitioners in Beaufort.

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Thank you for your answer Mr. Quinn. I wanted to respond that when I set up Child Support two years ago I did not have an attorney, nor did her father. I went straight through Child Support Enforcement in Columbia, SC to order the paperwork to have this finally enforced. We simply met with a mediator in Family Court (we never appeared in front of a judge). Her father is not very involved and unsteady with Child Support payments. I do see where you mentioned going to the court to set up visitation, however, he rarely see's her and I do not believe this is necessary. Legally, with me being her sole provider for the past four years and her father not having involvement besides child support, can he prevent us from moving?

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