South Carolina Confirmation: Registration of Out-of-State Child Custody Order
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How to fill out South Carolina Confirmation: Registration Of Out-of-State Child Custody Order?
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FAQ
The rules are provided at section 50A-305 of the North Carolina General Statutes. Basically, they say that you need to provide the local clerk of superior court with a petition asking to register the foreign court's order. The petition must include two copies of the foreign state's order.
You are the primary parent, so you should not have to ask for permission. However, this stance on the matter is contrary to North Carolina law. To move your child far away or to a state other than North Carolina, you need either an agreement with the other parent, or a court order approving the relocation.
In North Carolina, a father's rights can be terminated due to abandonment if he has willfully abandoned the child for at least 6 consecutive months (or an infant for at least 60 consecutive days).
North Carolina laws require that a custodial parent have permission from either the court or the other parent to move. In order to get permission to move, the factors that will be considered are: location of new residence; reason for the relocation; and if the move would be in your child's best interest.
If the custodial parent wants to move out-of-state, they must ask the other parent and court for permission. If the other parent disagrees with the relocation, they can object to the proposed move and ask the court to deny the request.
North Carolina child custody laws and courts do not recognize joint custody like most other states do. Instead, in a situation where joint custody would regularly be granted a judge will award primary custody to one co-parent and secondary custody to the other.
By default, South Carolina grants sole custody of a child to the natural mother if she is unmarried. Unmarried fathers can only petition the court for custody when their paternity is legally acknowledged or adjudicated.
South Carolina Code of Laws Ann. § 63-15-358 of the Uniform Child Custody and Jurisdiction Enforcement Act allows a child custody determination issued by a court of another state to be registered in South Carolina.