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Son's choice South Carolina

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  • Son's choice South Carolina

    Is there any law in South Carolina that states that a child can choose not to go to their mothers home? I do not have domicillary custody of my 11 yr old son and he lives in S.C with his dad and step mom and me, his birthmother, in Colorado. He stated something to me in an email a couple days ago and stated that he may not want to fly out here to Colorado and that soon he will be able to make his own choices on if he wants to come here or not. Is this an actual law in South Carolina. Can my son choose not to come here even though I have court papers stating when I get him for any summer breaks, christmas, etc??

    Thank you for your time

  • #2
    Nope. The son goes where the custody orders tells him to go.

    The only state in the union that gives children any legal say is Georgia, and that is at 14. Even then, their wishes are just advice to the court and not binding.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      So there is no issue where the child can convince his dad and step mom to do a "change in circumstance"? I am just a little worried. There is no real change in circumstance so I am not to concerened about that.

      Thank you again for your time.

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      • #4
        No, unless the court order is modified, he is still bound by the order. It is up to his father to ensure that he abides by the order, or you can file contempt charges against him (the father). If the father does try to have the order modified...one, your son is still a bit on the young side for a judge to really give his wishes much weight and two, without a mountain of evidence that your home is detrimental to his well being, even if he was older, there would be no reason for a judge to deny you visitaiton with your son.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

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