Just Moved to South Carolina and Want Custody

I just moved to South Carolina and want to file for custody of my child. Can I file for custody in South Carolina?

If your child has lived in South Carolina for the past 6 months, you may file for custody in South Carolina.

If your child has lived in South Carolina for the last 6 months…

South Carolina is considered your child's home state and has jurisdiction. When a court has jurisdiction, it can hear and decide this issue.

If your child has NOT lived in South Carolina for the past 6 months…

• Usually, South Carolina courts do not have jurisdiction. However, if your child has closer connections to South Carolina than to any other state, South Carolina may have jurisdiction.
• The child's home state would also have jurisdiction to decide the custody issue and could overpower South Carolina's jurisdiction.

What if my child is less than 6 months old?

Your child's home state is where the child lived from birth with the parent(s) or person acting as a parent.

What if there is already a custody order from a court in another state?

• As long as one parent continues to live in that state, it will retain control over the issue of custody.
• However, if all parties involved have moved away, South Carolina may assume jurisdiction to change the custody order.

What if my child is in South Carolina and is in danger?

South Carolina does have jurisdiction if the child is in South Carolina and has either been abandoned or is currently in an emergency abuse or neglect situation.

If I moved from another state where I lived with my child and the other parent does not live in South Carolina, where do I file for custody?

You should probably file for custody in the state from which you moved. It may be better to file for custody in South Carolina after you and your child have been living in South Carolina for 6 months, as long as there is no danger of the other parent filing for custody.

How does a court determine custody?

A court will award custody to the most fit parent after looking at certain factors, including the following, to determine what is in the best interests of the child:

• Who has shown the most responsibility for the child;
• Who has taken responsibility for making decisions for the child;
• Who is best able to take care of the child;
• The ages, health, income, education, parenting styles, and living situations of the parties;
• The report and investigation of the guardian ad litem;
• The child's preference may also be considered by the court.