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how old must a child

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Junior Member
What is the name of your state? SC

I would like to know how old a child must be to voice who she likes to live with, Mother or Father.

And also If the father hasn't kept in touch with the child or mother, must the mother inform him of an out of state move and if she does can the father stop the move even though he's had no contact. He does pay child support through the courts. But almost 2 years ago he took me to court to take my daughter and he lost that case with flying colors but since then he has not spoke to his child or me.


#1. Depending on age, immaturity they can voice where they want to live - usually the judge will talk to the child alone with the parents around.

#2. Do you have Court order papers? If you do read them really good - it might have something in there that states about moving out of state with the child, if not don't worry about it. Just remember just because he hasn't been around for 2 years doesn't mean he doesn't have rights later.


According to the South Carolina Statutes Annotated, the family court has the power in matters of Custody and visitation to appoint a guardian ad litem for the children to voice their wishes.

SECTION 20-7-420. Jurisdiction of family court in domestic matters.
37) To appoint guardians ad litem in actions pertaining to custody or visitation pursuant to Section 20-7-1545.

SECTION 20-7-1545. Private guardians ad litem; appointment.
(A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:

(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or

(2) both parties consent to the appointment of a guardian ad litem who is approved by the court;

(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.

As to your question on the move, while it is not expressly forbidden in the SC statutes for you to move, and even if your custody order is silent on the matter, you'll face two problems.

1. If he does file you'll return to SC to answer the complaint because that's where jurisdiction is, and;



No. 2002-076

In the matter of Joanne Pfeuffer and Glenn Pfeuffer

If you'd like to read the entire decision here is the link.


However, I can tell you this much, the mother lost in her bid to move the child away without informing and receiving the blessings of the court or the father.


Junior Member
father don't live here

I forgot to say that the father stays in texas while i and the child stay in south carolina can he still have a say when he don't stay around no how? and haven't said anything to us in 2 years?


You never answered the questions regarding the custody agreement, or if the father pays support. Until you answer those questions you can't get a valid answer.


Junior Member
he does

Yes he does pay child support, and we've had joint custody since 1996. 2 years ago he took me to court to take my child away but he had no case so he lost, and since then he has not spoke to my child. He has 2 girls that my child were close to until he closed her out of their lives 2 years ago. He's upset that him and his new wife lost the case with flying colors and made his child support $300 more that they want nothing to do with my child. He lives in Texas and i live in South Carolina should i inform him
if i want to move to FL? Can he stop me even if he lives 24 hours away anyway?

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