SPARC Forums

BM, my DH, my SS, and I are all originally from upstate NY. In 08/03 we relocated to SC with my SS and his siblings. Our NYS court ordered stipulation agreement dated 07/03 does contain the clause, "The parties agree not to institute any action or proceeding relating to custody and/or visitation of the above named child in any court or forum, foreign or domestic other than that of South Carolina."  

When we first relocated, we thought it would be a simple matter to make this order an order of SC by bringing a certified copy to the family court clerk to register it, but found out that this was not the case. It would involve a petition, a hearing, an attorney, and ofcourse paperwork signed by the BM. (which we know she would agree to) We decided it wasn't necessary at the time after speaking with an attorney as BM still resided in NYS, which had continuing jusrisdiction, and we wanted NYS to enforce the order in the event there was ever a problem getting SS home after a visit. We also did not expect any problems with BM. BM and her boyfriend have now relocated to MN about a month ago. Considering my SS is 13 now and again, we would never anticipate any trouble from BM in returning son home after visit, these are our questions:

1. Now that none of the parties reside in NYS, would our order automatically be recognized by SC if a problem returning the child after a visit every occurred?

2. Would you recommend hiring an attorney and preparing another stipulation to be made an order of this state so that we would never have to worry? (Mother would not have a problem as we would pay for it.)

Thank You

>1. Now that none of the parties reside in NYS, would our order
>automatically be recognized by SC if a problem returning the
>child after a visit every occurred?

If the child has resided in SC for six months, and no one lives in NY, then SC would have jurisdiciton to modify the custody orders.

>
>2. Would you recommend hiring an attorney and preparing
>another stipulation to be made an order of this state so that
>we would never have to worry? (Mother would not have a problem
>as we would pay for it.)

Nope. Waste of money. NY will absolutely not exercise jurisdiction if no one lives there.

:)

>>
>>2. Would you recommend hiring an attorney and preparing
>>another stipulation to be made an order of this state so
>that
>>we would never have to worry? (Mother would not have a
>problem
>>as we would pay for it.)
>
>Nope. Waste of money. NY will absolutely not exercise
>jurisdiction if no one lives there.
>
>:)

Just to clarify:

You would leave the current NYS order alone and only petition SC to modify it (or make it an order of SC) if it ever becomes necessary?

Thank You

>Just to clarify:
>
>You would leave the current NYS order alone and only petition
>SC to modify it (or make it an order of SC) if it ever becomes
>necessary?

Yes.