I have moved from ct. to sc. and my ex has my 2 children, no one has custody of them. I recieved a call from my ex telling me I could come up and take the children. My problem is what legal way is there so my ex does not change her mind and get me on my way back to my residence. If neither has custody can I do this and then file for custody after. And what state should I file in.
My response:
South Carolina requires 3 months of continuous residency by the children before jurisdiction of the children is conferred to the State of South Carolina. Therefore, unless you plan on keeping the kids in S.C., you'll need to file in Connecticut.
Since there are no current court orders for custody in either State, she can't "get you on your way back" because, as long as you have copies of their birth certificates with you, and if you're stopped for some reason, you can prove that you're the father, and you have just as much right to have them, and transport them, as much as their mother.
But, when court orders for custody are rendered by either State, don't even think of doing this.
Good luck.
IAAL
