Category: Gufford & Brandt

My wife and I are parting ways and she wants to move to S.C. What does the law state when it comes to our 4 year old daughter?

Until a Court Order is entered, she can take that child anywhere she wants. That’s why it is absolutely important for you to get a case filed immediately and have her served. In St. Lucie County, once a divorce action is filed, a Standing Temporary Domestic Relations Order is entered that prevents the removal of the child from the jurisdiction. But you have to get the case filed and get her served. In any event, so long as 6 months does not pass by with her and your child in South Carolina, Florida will have jurisdiction over the child under the UCCJEA which defines the home state of the child as being the state where the child lived for the 6 months preceding the filing of any action. If you wait to file a case too long, you might be stuck litigating child custody matters in South Carolina.