Do South Carolina Courts Get to Make Custody Decisions if Parents Are in Different States?

Child custody decisions are rarely easy, often leaving at least one parent feeling unhappy and like their needs have been ignored. These disputes can generally be worked out with time and with the cooperation of the co-parents, but sometimes, they escalate. When one parent tries to flee the state with the child in order to avoid a custody decision they don’t agree with, or in anticipation of a custody action being filed, the other parent may be left wondering what their options are.

If your co-parent has left South Carolina without court permission or is threatening to do so, it’s time to learn about your options and rights. At Nowell Law Firm, our child custody attorneys understand how emotionally draining these issues can be. We’re here to help. Call us at 864-707-1785 to schedule a consultation now.

The Complications of Interstate Parenting

Co-parenting with someone in the same city is difficult enough—trying to co-parent from different states can be an even bigger challenge.  It’s understandable to want to avoid that, but what happens when it feels like your choice has been taken away? First, you have to know your rights.

In general, South Carolina courts will only intervene in cases involving moves if the moving parent relocates/takes steps to relocate a considerable distance away (i.e. far enough to make the existing custody/visitation schedule unworkable).  This is especially true with out-of-state moves. If the custodial parent wants to move out-of-state with the minor child and the existing visitation schedule cannot feasibly be maintained, a modification action is needed to permit the move and/or adjust the custody/visitation arrangement accordingly.

Some parents try to circumvent this by simply packing up and moving without going through the proper legal channels. When this occurs, the Uniform Child Custody Jurisdiction and Enforcement Act comes into play.

The Uniform Child Custody Jurisdiction and Enforcement Act

In 49 states, the Uniform Child Custody Jurisdiction and Enforcement Act requires states to enforce the custody rulings of other states. Massachusetts is the only state that is not part of this compact. For this rule to apply to your case, one of three conditions must generally apply:

• The state with the custody ruling is the child’s home state. In South Carolina’s version of the UCCJEA, the home state is generally where the child has lived for the last six months. SC has jurisdiction over cases where it has been the child’s home state at some point within the last 6 months before filing. For example, if a child grows up in South Carolina and has spent their entire childhood there, SC would be the child’s home state, even if the other parent moved them to another state a month prior. That would not be enough time to confer proper jurisdiction in that new state under the UCCJEA.
• Another state doesn’t have jurisdiction/this state is a more appropriate forum. Sometimes there is no other state that would be considered the home state, like in the event of a family/custodial parent with multiple, short-term interstate moves.  In that case, the court looks at where would be the most appropriate place to file an action.  For this, they will look at whether there are significant connections within the state.  Extended family relationships, school and doctor’s office locations, and other evidence regarding a child’s care, protection, training, and personal relationships can be considered for this.  Where each parent lives is also important.
• The child is in the state for their own safety. If a child is in a state to escape abuse or abandonment, or there are other emergency circumstances necessitating than an action be filed in a particular state, that state can assume temporary emergency jurisdiction to make preliminary decisions about custody, even if jurisdiction over the case may later be moved to a more appropriate venue.

There’s one more factor to consider—the original state generally only has jurisdiction if no other state meets these criteria. If multiple states can be considered a child’s home state, custody decisions become considerably more complicated.

What If Two States Have Jurisdiction?

If you and your co-parent have lived in South Carolina for the entirety of your child’s life, it is fairly obvious that South Carolina courts will have decision-making powers under the UCCJEA. If you have co-parented from different states for part of the child’s life, this may not be the case.

Consider a co-parenting situation where one parent lives in North Carolina and the other lives in South Carolina. They have a parenting agreement that allows for meaningful time with both parents. One parent abruptly decides that this arrangement no longer works for them, and they try to change custody unilaterally and stop following the South Carolina court order.

Determining which state is the child’s home state, and therefore which state can make custody orders, is a much bigger task. While you need an attorney for any child custody dispute, it is even more important to have one if you are facing this type of situation.

Get the Help You Need with Nowell Law Firm

The longer you wait to enforce your parental rights, the harder it may be to protect them and your time with your child. Let us help. Call Nowell Law Firm at 864-707-1785 or contact us online to schedule a consultation now.