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How to File a Petition for Visitation When You Live in a Different State

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  • 07-17-2016, 09:24 AM
    Bognarb
    How to File a Petition for Visitation When You Live in a Different State
    My question involves a child custody case from the State of: South Carolina
    My son and his now exgirlfriend moved to SC about 4 years ago, and were expecting a baby. They had the baby and lived together as a family until about 1year ago. She moved out and left him with all the bills to pay,and had him watch their daughter everyday. She then would get angry with him because he worked night shift and was very tired. He would do 6 nights in a row and living on only a couple of hours of sleep. Plus because he was trying to pay bills and still be able to eat, their wasnt much supplies available. So finally he was so depressed he had a breakdown and ended up in the hospital. Mainly because the mom moved in a new boyfriend, who was harassing him. After he got out of the hospital he had to move back to Ohio due to financial and mental support. He has been living here with us for the last six months. He has sent money and clothing, but no child support order is in place. We are in the process of filing a petition for visitation, but do we have to go to SC in order to do that, or can we file in Ohio and they will transfer.she is being very difficult and will only let him talk to her every couple of weeks. And we are allowed to go there, but we are not allowed to bring her here to see the rest of the family. So we need to get this in writing. My granddaughter loves us all, and becomes so upset when they facetime and mom makes her get off. It just kills all of us. Mom used to come here on vacation and drop her off with me and then go party with her friend. So she know us pretty well. Please help
  • 07-17-2016, 10:04 AM
    adjusterjack
    Re: Filing Apetition from Another State
    Your son will have to file in South Carolina because that's where the child and Mom are residents.
  • 07-17-2016, 11:50 AM
    Dogmatique
    Re: How to File a Petition for Visitation When You Live in a Different State
    Quote:

    Quoting Bognarb
    View Post
    My question involves a child custody case from the State of: South Carolina
    My son and his now exgirlfriend moved to SC about 4 years ago, and were expecting a baby. They had the baby and lived together as a family until about 1year ago. She moved out and left him with all the bills to pay,and had him watch their daughter everyday. She then would get angry with him because he worked night shift and was very tired. He would do 6 nights in a row and living on only a couple of hours of sleep. Plus because he was trying to pay bills and still be able to eat, their wasnt much supplies available. So finally he was so depressed he had a breakdown and ended up in the hospital. Mainly because the mom moved in a new boyfriend, who was harassing him. After he got out of the hospital he had to move back to Ohio due to financial and mental support. He has been living here with us for the last six months. He has sent money and clothing, but no child support order is in place. We are in the process of filing a petition for visitation, but do we have to go to SC in order to do that, or can we file in Ohio and they will transfer.she is being very difficult and will only let him talk to her every couple of weeks. And we are allowed to go there, but we are not allowed to bring her here to see the rest of the family. So we need to get this in writing. My granddaughter loves us all, and becomes so upset when they facetime and mom makes her get off. It just kills all of us. Mom used to come here on vacation and drop her off with me and then go party with her friend. So she know us pretty well. Please help


    He can file and obtain an enforceable visitation plan. You do not have standing to file for your own visitation, and it's best that you step back and let him handle his business; if you interfere you're going to alienate Mom even more and that's not going to help your son at all.
  • 07-17-2016, 04:20 PM
    Bognarb
    Re: How to File a Petition for Visitation When You Live in a Different State
    I am not try to file for my own, I just had a question on where he needs to file. I know he has to go through the SC courts, but was not sure if he physically needed to go to SC to file. I am not a nosey mom, he is living here with us and asked for my help. And as for mom she has alienated herself, and wont let anyone contact her because her new boyfriend doesnt like it.
  • 07-17-2016, 06:03 PM
    Dogmatique
    Re: How to File a Petition for Visitation When You Live in a Different State
    Quote:

    Quoting Bognarb
    View Post
    I am not try to file for my own, I just had a question on where he needs to file. I know he has to go through the SC courts, but was not sure if he physically needed to go to SC to file. I am not a nosey mom, he is living here with us and asked for my help. And as for mom she has alienated herself, and wont let anyone contact her because her new boyfriend doesnt like it.

    Yes, I'm sure she has alienated herself.
  • 07-17-2016, 06:52 PM
    T53147
    Re: How to File a Petition for Visitation When You Live in a Different State
    OP,

    The best way you can help is to assist him in finding and paying a highly respected family law attorney in her area who is known for fighting for long distance parents rights.
  • 07-17-2016, 08:52 PM
    adjusterjack
    Re: How to File a Petition for Visitation When You Live in a Different State
    Quote:

    I know he has to go through the SC courts, but was not sure if he physically needed to go to SC to file.
    He can check with the court in SC for the procedure but he can probably file his petition by mail and hire a process server in SC to serve the papers but he will have to appear in the SC court as often as need be to pursue his petition.
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