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South Carolina Child Custody Jurisdiction: UCCJEA Explained

South Carolina Child Custody Jurisdiction: UCCJEA Explained

When parents live in different states or have recently moved across state lines, determining which state has the authority to make child custody decisions can become complicated. South Carolina, like all other states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to resolve these jurisdictional questions and prevent parents from forum shopping for favorable custody rulings.

What is the UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act is a uniform law adopted by South Carolina under S.C. Code Ann. § 63-15-101 et seq. The UCCJEA establishes clear rules for determining which state court has jurisdiction to make initial custody determinations and which state has authority to modify existing custody orders.

The primary purposes of the UCCJEA are to:

• Avoid jurisdictional competition between states in custody matters
• Promote cooperation between South Carolina courts and courts of other states
• Ensure that custody decisions are made in the state with the most significant connection to the child
• Discourage parental abduction and unilateral removal of children to obtain favorable custody orders
• Facilitate enforcement of custody orders across state lines

South Carolina’s Home State Rule

The cornerstone of UCCJEA jurisdiction is the “home state” rule. Under South Carolina law, the child’s home state has priority jurisdiction to make initial custody determinations. A child’s home state is defined as the state where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before the custody proceeding begins. For children under six months old, the home state is where the child has lived since birth.

South Carolina courts have jurisdiction to make an initial child custody determination if:

South Carolina is the child’s home state on the date the custody proceeding begins, or South Carolina was the child’s home state within six months before the proceeding began and the child is absent from South Carolina but a parent or person acting as a parent continues to live in South Carolina.

No other state has home state jurisdiction, or the home state has declined to exercise jurisdiction, and South Carolina has significant connections with the child and at least one parent, and substantial evidence concerning the child’s care, protection, training, and personal relationships is available in South Carolina.

All states with jurisdiction under the first two criteria have declined to exercise jurisdiction because South Carolina is the more appropriate forum, and South Carolina has jurisdiction under the significant connection test.

No other state has jurisdiction under any of the criteria above.

When Can South Carolina Modify Another State’s Custody Order?

Even after another state makes an initial custody determination, questions arise about when South Carolina can modify that order. Under the UCCJEA, South Carolina generally cannot modify another state’s custody order unless:

South Carolina has jurisdiction to make an initial custody determination, AND either the issuing state’s court determines it no longer has continuing exclusive jurisdiction or that South Carolina would be a more convenient forum, OR South Carolina determines that the child, the child and all parents, or the child and at least one parent no longer have a significant connection with the issuing state and substantial evidence is no longer available in that state concerning the child’s care, protection, training, and personal relationships.

This means that the state that made the initial custody order generally retains continuing exclusive jurisdiction to modify that order as long as one parent or the child continues to reside there, even if the child has since established a new home state elsewhere.

Temporary Emergency Jurisdiction

South Carolina courts have temporary emergency jurisdiction to make emergency custody orders if the child is present in South Carolina and it is necessary to protect the child because the child has been subjected to or threatened with mistreatment or abuse, or the child or a sibling or parent of the child has been subjected to or threatened with mistreatment or abuse.

Emergency orders are temporary and remain in effect only until a court with proper jurisdiction makes a final custody determination. If no custody proceeding is commenced in the home state, the temporary order can become a final order if South Carolina later becomes the home state.

Registration and Enforcement of Out-of-State Custody Orders

The UCCJEA provides streamlined procedures for enforcing South Carolina custody orders in other states and enforcing other states’ custody orders in South Carolina. A custody determination made by a court of another state may be registered in South Carolina by sending required documents to the appropriate South Carolina family court.

Once registered, an out-of-state custody order has the same effect and must be enforced in the same manner as a South Carolina custody order. Registration is not required for enforcement, but it provides a useful mechanism when ongoing enforcement is needed.

Declining Jurisdiction and Inconvenient Forum

South Carolina courts have discretion to decline jurisdiction if the court determines it is an inconvenient forum under the circumstances and another state is a more appropriate forum. The court must consider whether domestic violence has occurred and is likely to continue in the future, and which state could best protect the parties and the child.

South Carolina courts also must decline jurisdiction if a parent wrongfully removed or retained the child to obtain jurisdiction. This anti-abduction provision prevents a parent from gaining a litigation advantage through wrongful conduct.

Communicating with Other State Courts

The UCCJEA encourages and permits direct communication between South Carolina courts and courts of other states concerning custody matters. Courts may request information, hold joint hearings, and coordinate their proceedings to ensure consistent custody determinations. This cooperation helps prevent conflicting orders and reduces litigation costs for families.

Common UCCJEA Scenarios in South Carolina

Military families: Active duty service members and their families frequently move across state lines. The UCCJEA‘s home state rule provides stability by generally maintaining jurisdiction in the state where the child has lived for six months, even after one parent relocates due to military orders.

Parents who recently moved to South Carolina: If a parent moves to South Carolina with the child, South Carolina cannot immediately exercise jurisdiction. The child must reside in South Carolina for six months to establish it as the home state, unless another exception applies or the prior state declines jurisdiction.

Modifying custody orders from other states: Parents who move to South Carolina with an existing custody order from another state generally must return to that state to seek modifications unless both parents and the child have moved away from the issuing state and no longer have significant connections there.

Emergency situations: If a child is in South Carolina and faces immediate danger from abuse or mistreatment, South Carolina courts can exercise temporary emergency jurisdiction even if South Carolina is not the home state, but this jurisdiction is limited to protecting the child until the home state can address the situation.

Strategic Considerations

Understanding UCCJEA jurisdiction is essential for parents involved in interstate custody disputes. Key strategic considerations include:

Timing of filing: Waiting until South Carolina becomes the home state (after six months of residence) generally provides the strongest jurisdictional foundation for custody proceedings.

Coordinating with other state proceedings: If custody proceedings are pending in multiple states, the UCCJEA requires courts to communicate and determine which state should exercise jurisdiction.

Registration of foreign orders: Parents relocating to South Carolina with custody orders from other states should consider registering those orders in South Carolina family court for easier enforcement.

Modification versus initial determination: Parents must understand the difference between seeking an initial custody determination and seeking to modify an existing order, as different jurisdictional standards apply.

Conclusion

South Carolina’s adoption of the UCCJEA provides a comprehensive framework for resolving interstate child custody jurisdiction questions. The home state rule, continuing exclusive jurisdiction principles, and cooperative enforcement mechanisms help ensure that custody decisions are made in the most appropriate forum with the strongest connections to the child and the best access to relevant evidence.

Parents facing interstate custody issues should consult with an experienced South Carolina family law attorney who can analyze the specific facts to determine which state has jurisdiction, whether South Carolina can exercise jurisdiction, and what strategic options are available. The UCCJEA‘s technical requirements and jurisdictional prerequisites require careful legal analysis to protect parental rights and advance the child’s best interests.

If you have questions about child custody jurisdiction in South Carolina or need assistance with an interstate custody matter, contact an experienced family law attorney who can evaluate your specific situation and guide you through the UCCJEA‘s requirements.

By Suzanne Klok|2025-11-12T15:36:48+00:00June 12th, 2023|Child Custody, Family Law|Comments Off on South Carolina Child Custody Jurisdiction: UCCJEA Explained

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South Carolina Child Custody Jurisdiction: UCCJEA Explained

When parents live in different states or have recently moved across state lines, determining which state has the authority to make child custody decisions can become complicated. South Carolina, like all other states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to resolve these jurisdictional questions and prevent parents from forum shopping for favorable custody rulings.

What is the UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act is a uniform law adopted by South Carolina under S.C. Code Ann. § 63-15-101 et seq. The UCCJEA establishes clear rules for determining which state court has jurisdiction to make initial custody determinations and which state has authority to modify existing custody orders.

The primary purposes of the UCCJEA are to:

• Avoid jurisdictional competition between states in custody matters
• Promote cooperation between South Carolina courts and courts of other states
• Ensure that custody decisions are made in the state with the most significant connection to the child
• Discourage parental abduction and unilateral removal of children to obtain favorable custody orders
• Facilitate enforcement of custody orders across state lines

South Carolina’s Home State Rule

The cornerstone of UCCJEA jurisdiction is the “home state” rule. Under South Carolina law, the child’s home state has priority jurisdiction to make initial custody determinations. A child’s home state is defined as the state where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before the custody proceeding begins. For children under six months old, the home state is where the child has lived since birth.

South Carolina courts have jurisdiction to make an initial child custody determination if:

South Carolina is the child’s home state on the date the custody proceeding begins, or South Carolina was the child’s home state within six months before the proceeding began and the child is absent from South Carolina but a parent or person acting as a parent continues to live in South Carolina.

No other state has home state jurisdiction, or the home state has declined to exercise jurisdiction, and South Carolina has significant connections with the child and at least one parent, and substantial evidence concerning the child’s care, protection, training, and personal relationships is available in South Carolina.

All states with jurisdiction under the first two criteria have declined to exercise jurisdiction because South Carolina is the more appropriate forum, and South Carolina has jurisdiction under the significant connection test.

No other state has jurisdiction under any of the criteria above.

When Can South Carolina Modify Another State’s Custody Order?

Even after another state makes an initial custody determination, questions arise about when South Carolina can modify that order. Under the UCCJEA, South Carolina generally cannot modify another state’s custody order unless:

South Carolina has jurisdiction to make an initial custody determination, AND either the issuing state’s court determines it no longer has continuing exclusive jurisdiction or that South Carolina would be a more convenient forum, OR South Carolina determines that the child, the child and all parents, or the child and at least one parent no longer have a significant connection with the issuing state and substantial evidence is no longer available in that state concerning the child’s care, protection, training, and personal relationships.

This means that the state that made the initial custody order generally retains continuing exclusive jurisdiction to modify that order as long as one parent or the child continues to reside there, even if the child has since established a new home state elsewhere.

Temporary Emergency Jurisdiction

South Carolina courts have temporary emergency jurisdiction to make emergency custody orders if the child is present in South Carolina and it is necessary to protect the child because the child has been subjected to or threatened with mistreatment or abuse, or the child or a sibling or parent of the child has been subjected to or threatened with mistreatment or abuse.

Emergency orders are temporary and remain in effect only until a court with proper jurisdiction makes a final custody determination. If no custody proceeding is commenced in the home state, the temporary order can become a final order if South Carolina later becomes the home state.

Registration and Enforcement of Out-of-State Custody Orders

The UCCJEA provides streamlined procedures for enforcing South Carolina custody orders in other states and enforcing other states’ custody orders in South Carolina. A custody determination made by a court of another state may be registered in South Carolina by sending required documents to the appropriate South Carolina family court.

Once registered, an out-of-state custody order has the same effect and must be enforced in the same manner as a South Carolina custody order. Registration is not required for enforcement, but it provides a useful mechanism when ongoing enforcement is needed.

Declining Jurisdiction and Inconvenient Forum

South Carolina courts have discretion to decline jurisdiction if the court determines it is an inconvenient forum under the circumstances and another state is a more appropriate forum. The court must consider whether domestic violence has occurred and is likely to continue in the future, and which state could best protect the parties and the child.

South Carolina courts also must decline jurisdiction if a parent wrongfully removed or retained the child to obtain jurisdiction. This anti-abduction provision prevents a parent from gaining a litigation advantage through wrongful conduct.

Communicating with Other State Courts

The UCCJEA encourages and permits direct communication between South Carolina courts and courts of other states concerning custody matters. Courts may request information, hold joint hearings, and coordinate their proceedings to ensure consistent custody determinations. This cooperation helps prevent conflicting orders and reduces litigation costs for families.

Common UCCJEA Scenarios in South Carolina

Military families: Active duty service members and their families frequently move across state lines. The UCCJEA‘s home state rule provides stability by generally maintaining jurisdiction in the state where the child has lived for six months, even after one parent relocates due to military orders.

Parents who recently moved to South Carolina: If a parent moves to South Carolina with the child, South Carolina cannot immediately exercise jurisdiction. The child must reside in South Carolina for six months to establish it as the home state, unless another exception applies or the prior state declines jurisdiction.

Modifying custody orders from other states: Parents who move to South Carolina with an existing custody order from another state generally must return to that state to seek modifications unless both parents and the child have moved away from the issuing state and no longer have significant connections there.

Emergency situations: If a child is in South Carolina and faces immediate danger from abuse or mistreatment, South Carolina courts can exercise temporary emergency jurisdiction even if South Carolina is not the home state, but this jurisdiction is limited to protecting the child until the home state can address the situation.

Strategic Considerations

Understanding UCCJEA jurisdiction is essential for parents involved in interstate custody disputes. Key strategic considerations include:

Timing of filing: Waiting until South Carolina becomes the home state (after six months of residence) generally provides the strongest jurisdictional foundation for custody proceedings.

Coordinating with other state proceedings: If custody proceedings are pending in multiple states, the UCCJEA requires courts to communicate and determine which state should exercise jurisdiction.

Registration of foreign orders: Parents relocating to South Carolina with custody orders from other states should consider registering those orders in South Carolina family court for easier enforcement.

Modification versus initial determination: Parents must understand the difference between seeking an initial custody determination and seeking to modify an existing order, as different jurisdictional standards apply.

Conclusion

South Carolina’s adoption of the UCCJEA provides a comprehensive framework for resolving interstate child custody jurisdiction questions. The home state rule, continuing exclusive jurisdiction principles, and cooperative enforcement mechanisms help ensure that custody decisions are made in the most appropriate forum with the strongest connections to the child and the best access to relevant evidence.

Parents facing interstate custody issues should consult with an experienced South Carolina family law attorney who can analyze the specific facts to determine which state has jurisdiction, whether South Carolina can exercise jurisdiction, and what strategic options are available. The UCCJEA‘s technical requirements and jurisdictional prerequisites require careful legal analysis to protect parental rights and advance the child’s best interests.

If you have questions about child custody jurisdiction in South Carolina or need assistance with an interstate custody matter, contact an experienced family law attorney who can evaluate your specific situation and guide you through the UCCJEA‘s requirements.