Legal Question in Family Law in South Carolina

You Can't Keep Us Here

I want to move to Minnesota. The father and I were not married when my daughter was born, but he did sign the birth certificate. He has not been a big part of her life. She is 5 and I filed for child support Dec 2004. He told me he was going to sign a injunction to keep us from moving. I would like to know if I do move before he has time to do this and become a legal resident of Minnesota. Would he have to come fight me there or would I have to come back here?

Asked on 8/25/05, 12:06 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: You Can't Keep Us Here

I believe the uniform custody act requires that the child be a resident in a State for 6 months before venue is proper there. However, if you and the father were not married, then South Carolina law provides the mother of the child born oout of marriage with a presumption of custody.

You should go and check with a lawyer in your area.

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Answered on 8/27/05, 1:11 pm

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