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Modification to SC order but me and CP live in different states now

jma28104

Junior Member
#1
What is the name of your state (only U.S. law)? South Carolina

I have a SC divorce order with very limited visitation. I now live in NC and my ex and kids live in GA. My ex is not wanting to allow extended visitation and I need to take her to court. Can I request a modification of visitation in SC? Or does it have to be in the state that the kids live in?

Thank you so much!

Michael
 

Just Blue

Senior Member
#2
What is the name of your state (only U.S. law)? South Carolina

I have a SC divorce order with very limited visitation. I now live in NC and my ex and kids live in GA. My ex is not wanting to allow extended visitation and I need to take her to court. Can I request a modification of visitation in SC? Or does it have to be in the state that the kids live in?

Thank you so much!

Michael
What is the reason you were given very limited visitation in the CO?
 

latigo

Senior Member
#3
What is the name of your state (only U.S. law)? South Carolina

I have a 2013 SC divorce order with very limited visitation. I now live in NC and my ex and kids live in GA. My ex is not wanting to allow extended visitation and I need to take her to court pro se since I can't afford a lawyer. My question is can I request a modification of visitation in SC? Or does it have to be in the state that the kids live in?
First of all given the circumstances there is no chance that North Carolina court would have jurisdiction to modify any domestic orders out of South Carolina.

The issue is whether South Carolina or Georgia would be the appropriate forum. If they have lived in Georgia for the past 6 months, then in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Georgia would the children's "home state" and its courts would have jurisdiction to modify the South Carolina orders. But please note that I advisedly have written "would have jurisdiction", which is not be taken that a Georgia domestic court would necessarily assume jurisdiction. The doctrine of "forum non convenience" * still lingers on in spite of the uniform act.

Lastly, you need to be aware that attempting to obtain a modification of the South Carolina order would be a difficult task for a layperson even if you could litigate it in South Carolina. Dealing with the UCCJEA and some often difficult Georgia judges ain't going to be a walk in the park! And a make that last remark about Georgia judges with considerable personal experience. Maybe it is just because I am a Yankee, but some have given me a so called "city slicker" a hard time.
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[*] "A court's discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case."
 
#4
First of all given the circumstances there is no chance that North Carolina court would have jurisdiction to modify any domestic orders out of South Carolina.

The issue is whether South Carolina or Georgia would be the appropriate forum. If they have lived in Georgia for the past 6 months, then in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Georgia would the children's "home state" and its courts would have jurisdiction to modify the South Carolina orders. But please note that I advisedly have written "would have jurisdiction", which is not be taken that a Georgia domestic court would necessarily assume jurisdiction. The doctrine of "forum non convenience" * still lingers on in spite of the uniform act.

Lastly, you need to be aware that attempting to obtain a modification of the South Carolina order would be a difficult task for a layperson even if you could litigate it in South Carolina. Dealing with the UCCJEA and some often difficult Georgia judges ain't going to be a walk in the park! And a make that last remark about Georgia judges with considerable personal experience. Maybe it is just because I am a Yankee, but some have given me a so called "city slicker" a hard time.
__________________


[*] "A court's discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case."
But SC would have discretion unless the case had ALREADY been transferred to GA.
 
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jma28104

Junior Member
#5
It has not been transferred to GA. So if I file these papers in SC to request a hearing for a modification of child support and visitation, could her lawyer respond with refusal for her to attend the hearing? If so, what grounds would she have to not attend the hearing in SC?

PS - I added the part about child support so I may need to go to a different forum for that subject.
 
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#6
If you filed in SC its likely that her attorney would file the necessary paperwork to get it moved to GA. Therefore, its likely easier to just file it in GA.
You are wrong. The modification would be filed in SC. A court is not going to necessarily transfer an OPEN case with motions pending. Likely easier? You have no clue what you are talking about. You can't just decide you are changing jurisdiction and file it in GA because "easier" -- whatever that means.
 

jma28104

Junior Member
#7
Thanks Ohiogal. That's what I figured too. That it would be difficult for her attorney to transfer an open case with motions pending. So would her attorney have a leg to stand on as far as "throwing out" a hearing to modify child support in SC because she lives in GA with our children?
 

Zigner

Senior Member
#8
Thanks Ohiogal. That's what I figured too. That it would be difficult for her attorney to transfer an open case with motions pending. So would her attorney have a leg to stand on as far as "throwing out" a hearing to modify child support in SC because she lives in GA with our children?
The attorney can request that the court allow the case to be transferred to GA. Since neither of you have ties to SC, it's entirely possible that the requested transfer will be approved.
 

jma28104

Junior Member
#9
Ok thanks. One last question... if a judge decided to transfer the case to GA per the request of my ex wife's attorney, would I have to re-file a modification request with the GA courts? Basically how does that process look? Does the SC judge issue some sort of motion to allow the case to be transferred and then I turn around and file that motion along with a motion to modify child support with GA courts? Thanks for your help with this!!
 
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#10
The SC judge would dismiss the case for lack of jurisdiction and you would have to refile in GA. That is why I personally think that you should just file in GA. You won't risk wasting time or money duking out whether SC will retain jurisdiction and get right down to handling your actual motions for modifications. At least get a consult with an attorney in GA.
That is NOT how this works. The SC judge has jurisdiction until the case is transferred. IF it would be transferred with OPEN motions, it would not be dismissed but rather transferred. YOU HAVE NO CLUE ABOUT WHICH YOU ARE SPEAKING. Please learn some law. This is about UCCJEA. It is how things work. Get a clue. QUIT posting on family law threads when you have nothing TRUTHFUL AND CORRECT to offer.
 
#11
The attorney can request that the court allow the case to be transferred to GA. Since neither of you have ties to SC, it's entirely possible that the requested transfer will be approved.
Most likely NOT while open motions are pending. MOM could have filed to have the case moved PRIOR to OP filing a motion to modify. Therefore, most likely it will hear the case in SC and then finally hear a motion to transfer IF ONE IS FILED.
LD is so wrong with everything she has posted on this thread. OP can NOT file in GA unless the case has already been transferred there. I really wish she would quit posting her IRRESPONSIBLE HARMFUL FAKE NEWS as though it is fact. And yes, LD I am going to report every post you do in which something is incorrect! Got it? YOU know VERY LITTLE about the law. QUIT acting as though you are an expert. Learn some humility. AND ADMIT WHEN YOU ARE WRONG. Because I have had it.
 
#13
I guess I just went with personal experience (different states, however). Will sit on my fingers. For now. :p
None of this was aimed at you. It was aimed at LD who keeps posting stuff and whose posts were reported by me because they were dangerously incorrect, wrong and not with any law. You, I and most of the seniors accept when we are wrong and strive to correct ourselves or admit our errors. LD hasn't and she has gotten more "incorrect" if that is possible lately. She has taken to telling Quincy and others to pound sand when they are right and she doesn't want to back anything up.