This Order is a result of a Motion for Emergency Hearing to Contest Jurisdiction Pursuant to the UCCJEA. Child born and lived in TN. Child's maternal grandmother had physical custody of child since his birth and resided in TN. Bio Mother lived in TN. Bio Father lived in SC. Bio Father's sister (child's aunt) lived in SC. Child has many relatives in SC and visited these relatives in SC. Bio Father had no custody/visitation rights but was under an order to pay child support. Bio Father's sister from SC filed complaint for third party custody and named Bio Dad and Bio Mom as Defendants but failed to name maternal grandmother. Proceeded to receive a temporary SC order for temp. custody by failing to inform court of relevant facts re: child's home state. Aunt shows up in TN and removes child from his home and his primary caretaker in TN and takes him to SC via the temp. order. Maternal grandmother filed the Motion to Intervene and Dismiss pursuant to the UCCJEA as a person having physical custody of the child. Order sets out analysis of UCCJEA home state jurisdiction; lists facts supporting a home state finding; addresses the wrongful issuance of 2 temp. orders (1 in SC and 1 in TN); awards attorneys fees to Intervenor from both Bio Dad and his sister; and dismisses action in SC entirely. Child back home.
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