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We both still have our jobs available that we left when we came to SC. And we were never trying to prevent my parents from seeing the kids, they never asked to see them before all this. Like for example they claim that they love these kids so much but they were at a cabin 2 hrs from our house and when we asked if they could come see the kids before the went back home they said no and went back home. I just think that if they loved these kids the way that they say they do they would do everything that they possibly could to see them considering they aren't hurting for money.

But the thing is that we are trying to move back and we were already planning to move back before we got served papers to go to court. We didnt even have enough time to get a lawyer.
I don't think that we can get free legal aid

DSS case was closed. Yes my mom (the grandparents) have a lawyer, we do not. We wanted to say something at the hearing but they practically rushed us out of there.
We were told at the hearing that we didn't have to let my parents see the kids but that if we did that would look better to the court since the kids are not the ones doing any harm in this case its the adults. So we decided not to punish the children and we allowed them to see their grandparents. My mom keeps telling me that she wants to drop this case but I don't think that she is telling the truth.

We were residents of South Carolina up until October 2008 then we moved to Kentucky. We lived in KY from October 08 til June 09...
I came to my moms house and my husband was still in KY. He came down here in July.... We left her house and moved to my sister in-laws house in July and not even 2 weeks later my mom called DSS. DSS took the kids for 20 days and they were returned home after the case was found unfounded.

Two weeks after that my mom filed for custody of my children. She had an expedited hearing to see if the kids needed to be taken out of the house, well we went there and they told us that the kids can stay here and my parents requested for the kids to have a guardian ad litem. Well both parties were to pay money for the guardian ad litem. We had 60 days from the date of the court hearing to pay our amount and my parents were to pay before the guardian ad litem could conduct her investigation. My mom never paid it. Also the kids were not to leave our current county.

Well the next court date came around and we had to have a continuance because my husband has been working out of town..

OK, now to the question.

Since my family and I have NOT been legal residence of the state of SC for 6 months can my mom (the children's grandparents) file for custody in SC or would they have to file charges in KY? They are practically holding us in this state against our will and we want to know if this is legal

THANKS!