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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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if a family moved to SC within the last year, and the parents

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if a family moved to SC within the last year, and the parents have been having marital problems, could one of the parents move with the child to another state where family resides or could the other parent accuse the parent who takes the child out of state w kidnapping? there is no court order in place.
If there is no court order, then both parents have equal rights to the children. So, in theory, one parent could move and remove the children from the family home, HOWEVER, the other parent could then go to court and get a judicial order forcing the other parent to return the children. Right now neither one of you have a greater right to the children. While kidnapping cannot be claimed, most judges do not look well upon a parent removing the children to a different state against the wishes of the other parent, unless reported abuse has occurred.

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