Prior to initiating any action for custody or visitation an analysis of jurisdiction and venue is required. The question presented suggests that the mother and father now live in different states. I will propose a few scenarios:
Scenario 1: Father resides in South Carolina, mother resided in South Carolina when the child was born and continued to reside in South Carolina until the child was 8 months old. Because the child has not resided in North Carolina for a 6 month period, South Carolina should have jurisdiction to determine custody and visitation unless the mother or child were victims of domestic violence.
Scenario 2: Father resides in South Carolina. Mother and child have never lived in South Carolina. The mother and child's home state would have jurisdiction to determine custody and visitation.
These are a sampling of possibilities. To provide a course of action in any family court matter the first step is a detailed consultation with an attorney experienced in family court litigation.
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