Interstate and international custody and support cases bring a unique level of complexity. Parents often find themselves dealing with multiple states, or multiple countries, each claiming authority over custody or child support issues. To bring clarity, this tries to help explain the major governing laws: UCCJEA, UIFSA, PKPA, and the Hague Convention, and how they impact families in South Carolina.
What Laws Govern Interstate & International Family Law Cases?
1. UCCJEA: Custody Jurisdiction in South Carolina
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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) controls which state can make or modify a child custody order. South Carolina follows the UCCJEA, ensuring that custody decisions happen in the child’s home state or the state with meaningful connections to the child.
UCCJEA Applies To:
- Custody & visitation
- Dependency, abuse, neglect
- Guardianship & parental rights termination
UCCJEA Does NOT Apply To:
- Juvenile delinquency
- Emergency medical treatment
- (In South Carolina) adoption cases
2. UIFSA: Child Support & Spousal Support Enforcement
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The Uniform Interstate Family Support Act (UIFSA) governs how South Carolina establishes, modifies, and enforces child support or spousal support across state lines.
Key UIFSA Rules:
- The obligor must be subject to personal jurisdiction.
- The issuing state keeps authority until all parties leave.
- Income withholding can be enforced across state lines.
- Support orders can be registered in any state where the obligor works or owns property.
3. PKPA: Federal Protection of Custody Orders
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The Parental Kidnapping Prevention Act (PKPA) is a federal law requiring states to honor and enforce one another’s custody orders.
Why PKPA Matters:
- Prevents “forum shopping” by a parent seeking a new custody ruling.
- Ensures states give Full Faith and Credit to custody orders issued with proper jurisdiction.
- Federal law overrides conflicting state laws.
4. Hague Convention: International Child Abduction Cases
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The Hague Convention on International Child Abduction governs cases where a child is wrongfully removed or wrongfully retained outside their country of habitual residence.
Key Hague Convention Features:
- Applies only between treaty-member countries.
- Focuses on returning the child, not deciding custody.
- Requires most cases to be resolved within six weeks.
- Defenses require clear and convincing evidence.
How Jurisdiction Is Determined
A. Custody Jurisdiction (UCCJEA Hierarchy)
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UCCJEA sets a strict step-by-step test:
- Home State (child lived there more than months)
- Significant Connection and Substantial Evidence
- Emergency Jurisdiction (abuse or abandonment, temporary only)
- No Other State Has Jurisdiction (“vacuum jurisdiction”)
B. Support Jurisdiction (UIFSA Long-Arm Bases)
Support orders may be established in South Carolina if the obligor:
- Is personally served here
- Consents to jurisdiction
- Previously lived with or supported the child here
- Directed the child to live here
- Conceived the child while in South Carolina
C. International Jurisdiction (Hague Convention)
A child’s “habitual residence” controls whether the case belongs in the U.S. or abroad.
Deadlines That Can Make or Break Your Case
20-Day Deadline to Contest Registration
If you receive notice that an out-of-state custody or support order is being registered in South Carolina, you must challenge it within 20 days, or the order becomes final by operation of law.
Hague Convention 6-Week Resolution Goal
Courts must act “expeditiously,” typically resolving cases within six weeks.
Enforcement: Bringing Orders to Life
UCCJEA Custody Enforcement
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Tools include:
- Pick-up orders
- Law enforcement coordination
- Contempt
- Mandatory court-to-court communication
UIFSA Support Enforcement
Keywords: wage garnishment SC, interstate child support enforcement
Tools include:
- Income withholding
- Liens on property
- Registration of support orders
- Remote testimony
- Certified financial records
PKPA Enforcement
States cannot modify another state’s custody order unless the original state loses exclusive continuing jurisdiction.
Hague Convention Enforcement
The court can:
- Order immediate return of the child
- Deny return only under narrow statutory defenses
- Rely on international judicial cooperation
Defenses Parents Should Know
Custody & Support Defenses
- Lack of jurisdiction
- Fraud
- No proper notice
- Order vacated or stayed
- Statute of limitations (support)
Hague Convention Defenses
- Grave risk of harm (Art. 13(b))
- Child objects and is mature
- Fundamental human rights violations (Art. 20)
- Consent or acquiescence
- Child is “well-settled” after 1 year
Why These Laws Matter for Families in South Carolina
Interstate and international family law cases require careful navigation. Choosing the wrong jurisdiction can delay your case or even invalidate your custody order.
Seibert Law & Mediation helps South Carolina parents:
- Enforce custody orders across state lines
- Modify support orders involving multiple states
- Litigate or defend Hague Convention cases
- Register foreign custody or support orders
- Prevent forum-shopping by the other parent
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At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0685 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.