I relocated from NC to SC. I have spent the last six months in SC. Live, work, and send a small child to homeschool in South Carolina. According to a DVPO, I have primary custody and the other parent is allowed two overnights each week. I have had no trouble driving to drop off the child for visits. Can I be accused of kidnapping my parents or made to move back? This is a threat from another parent to me. Who currently has jurisdiction, too? SC or NC?
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Seems to me that you have a situation of joint custody. Simply meaning that as the parents you share in decision making regarding the welfare of your child.
You have to get a court order or have the consent of the other parent. It is rather complicated in this instance. I suggest you seek consent from the other parent else the court process could really get complicated
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I suggest considering enrolling your child in school rather than homeschooling, without intending to disregard your personal choice. In a school environment, mandatory reporters can document any changes after visits with the father. Additionally, your child can receive in-school counseling and support.
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Okay. You currently have a Domestic Violence Protective Order (DVPO) with a custody addendum. The custody addendum automatically expires after one year and cannot be renewed, although the rest of the DVPO can be extended. A permanent or temporary custody order will override this addendum.
Since you’re still following the agreement, it’s okay that you moved. If it’s been six months, you can file for custody in South Carolina. If not, you can continue as you are until six months have passed, or you can file for custody in North Carolina.
Another option is to let the custody addendum expire, which means there would be no specific rules about when to hand over the child to him. Just be aware that if you do allow her to go to him voluntarily, it might be challenging to regain custody if he refuses.
Do you have a parenting plan in place? If so, what does it entail?
SC looks like the stronger jurisdiction for your case: you’ve been there 6 months, your child goes to school there, and you have a DVPO with primary custody. Kidnapping is unlikely since you have custody and allow visits. Talk to a lawyer ASAP!