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."