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ardmina · Nov 10, 2011, 05:25 AM

Hoping someone can answer this question. I have joint custody for my two son with my ex husband, in the state that I am living and obtained my divorce I have primary placement of the children. 5 yrs ago I became very ill and my ex had to take them which was suppose to be temporary, 3 yrs ago I obtained my youngest back to SC with me, but am unable to get my older child out of TN. What court actions if any do I need to take to get my Older child. He has repeatedly asked me for him to come home, but my ex will not allow him to leave.

cdad · Nov 10, 2011, 01:53 PM

If you still live in the area of original court where it was first decided then you can file there for custody. Depending on the age of the child their wishs may or may not be taken into consideration. The child does not have the right to choose that decision is left to the courts to decide.

ScottGem · Nov 10, 2011, 06:10 PM

What was done when you got sick to transfer primary placement? Anything done through the courts?

AK lawyer · Nov 10, 2011, 07:25 PM

Originally Posted by ardmina

Hoping someone can answer this question. I have joint custody for my two son with my ex husband, in the state that i am living and obtained my divorce I have primary placement of the children. 5 yrs ago i became very ill and my ex had to take them which was suppose to be temporary, 3 yrs ago i obtained my youngest back to SC with me, but am unable to get my older child out of TN. What court actions if any do I need to take to get my Older child. He has repeatedly asked me for him to come home, but my ex will not allow him to leave.

If I understand correctly, you were divorced in South Carolina. The SC court awarded you primary custody. By agreement with you ex, he was given temporary custody of the two children. You now live in South Carolina again.

South Carolina has jurisdiction to enforce it's custody decree and, in fact, if either party were to ask to modify the decree, SC would still have jurisdiction, since you reside there.

But you don't need to apply to modify the decree, simply to enforce it. I would ask the SC courts for an order that your ex return the child. If he fails to do so, it might be necessary to ask the Tennessee courts for a writ of assistance, directing a peace officer to make your ex do what the order requires him to do: return the child.