I gained custody of my daughter 2 years ago from family court in Tennessee. Her mother lives there. Since I have had her in south carolina she has been put on Indefinite probation for making a false police report she is now 14. Her mom has filed court papers through Tn court to try and get custody. What jurisdiction is my daughter in, lawyers in sc say it should be in sc and heard in court in sc. but her moms lawyer in TN says that it needs to be in court in TN. The child had been in South Carolina for over 2 years doesnt that put her in South Carolina jurisdiction??
There is an act called the uniform child custody jurisdiction enforcement act. This is what controls jurisdiction issues in a custody case. If Tennessee issued an original order and the mother still lives there, Then Tennessee retains jurisdiction. It may be that the case should be transferred to South Carolina but until an order is issued doing so Tennessee retains the jurisdiction. If there is no court order whatsoever, South Carolina has jurisdiction since she has been here for more than six months
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