In Need of a Child Relocation Attorney in Simpsonville, SC?
At the David W. Martin Law Group, our Simpsonville child relocation attorneys know that divorce means lots of changes in our South Carolina clients’ lives, starting with making important decisions about child custody.
Once parents determine how they will split their kids’ time through custody and visitation agreements and shared parenting plans, their lives begin to transition into post-divorce normalcy. However, as time moves forward, more things can change.
You, as a newly single parent with kids, may meet someone new, find a new passion, or a new job that requires you to move to another location — outside of South Carolina. Depending on your relationship with your ex-spouse or ex-partner, you may know how this request is going to go before you make it: He or she will either be willing to work with you to make this change work for everyone, or he or she will adamantly oppose the move altogether. There is typically no in-between.
Whether you are the parent requesting to relocate with your children or the parent opposing the move, our Greenville County family law attorneys can help make your case, and ensure it is fairly reviewed by a judge, so that together we can produce the best outcome for your unique needs.
Here is what South Carolina parents need to know about requesting or opposing the out-of-state relocation of their children.
How Far of a Move Requires a South Carolina Judge to Approve a Child Relocation Request?
Custodial parents are free to relocate with their minor children without permission within the state of South Carolina, and rarely require the court to interfere with the decision to do so.
Unless there is a compelling reason to intervene, parents can move from city to city or county to county without seeking the other parent’s permission. All that changes when the custodial parent seeks to move their children out of South Carolina, and into another state.
How Can I Present a Successful Child Relocation Request to a South Carolina Judge?
If you are the primary custodial parent of minor children in South Carolina and are requesting to relocate out of state with your children, you only need to bring your case before the court if the other parent opposes the move.
In this case, both parents will need to present evidence to prove why the child(ren) would be better served in the new location or staying put, based on which side of the courtroom you are on.
This can include documents, witnesses, proof of a promotion or significant raise, or any extenuating circumstances that require a move to be closer to family, physicians, or educational opportunities that will benefit the children.
Our experienced Greenville County child relocation attorneys help our clients demonstrate the necessary requirements for their unique cases, which may include:
- Good faith in proposing the relocation, and not using/opposing a move to punish the other parent.
- Outlining a realistic substitute visitation arrangement for the other parent’s time with the kids.
- Commitment to nurture an ongoing relationship between the non-custodial parent and the children.
Once the information is available, the other parent cannot simply state that they contest the relocation request because they do not want their children to move. They must demonstrate that any relocation would significantly harm their custody rights and the children’s best interests.
No matter which side of the courtroom you are on — if you are the one requesting the move or the parent opposing the move — your existing custody order will remain in effect and completely enforceable until the court legally rules on your relocation case. In addition, the same child support order will still apply.
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Contact Our Experienced Child Relocation Attorneys in Simpsonville, South Carolina
Before you introduce the subject of moving out of South Carolina with your kids to the other parent, contact our skilled Simpsonville child relocation attorneys today to learn more about your legal rights and options to do so, so you can make informed decisions about your future.
If you are a South Carolina parent who was hit with the news that your children’s other parent wants to move out of the state with them, contact our skilled family law attorneys in Simpsonville, South Carolina today by calling 803-548-2468 to learn how we can help you oppose the move using our state laws and your relationship with your children to your advantage.
