At David W. Martin Law Group, our South Carolina family law attorneys understand that getting divorced comes with the newfound ability to make unilateral decisions about day-to-day happenings and long-term decisions. This can be a welcome change from marital dynamics that is empowering.
However, when divorced couples share custody of their minor children, decisions regarding their well-being must be, well, shared. While many choices are easier than others, including where they will go to school, which dentist they see, and what sport they play, one specific point of contention arises when one parent wants to change addresses.
Some moves are precipitated by selling the family home and moving on or having found a new job or love interest that takes them to another zip code. In South Carolina, if a custodial parent wants to move with their child, the requirements for obtaining permission depend on the distance and circumstances of the move. Here is what parents throughout the state need to know.
Do Parents Need the Family Court’s Approval to Move Inside South Carolina?
Courts are often reluctant to prevent the move for in-state relocations, particularly relatively short distances unless there is a compelling reason. The non-custodial parent may find it challenging to stop such a move unless existing legal agreements place geographical restrictions on the child’s residence.
Do Parents Need the Family Court’s Approval to Move Outside South Carolina?
If the custodial parent plans to move out of state, they must either obtain consent from the non-custodial parent or seek approval from the court.
The court will consider several factors to determine if the move is in the best interest of the child, including:
- The motivations and intentions of both parents regarding the move.
- The proposed relocation has benefits and advantages, such as better job opportunities, improved living conditions, and more substantial family support.
- The potential impact on the child’s quality of life.
- The feasibility of maintaining a meaningful relationship between the child and the non-custodial parent through alternative visitation arrangements.
If the non-custodial parent objects, they need to be prepared to present a solid case to the court, demonstrating how the move would negatively affect the child’s welfare and visitation rights.
Given the complexities involved in relocation cases, consulting with a family law attorney who can provide guidance based on the case’s specifics and help navigate the legal process is advisable. No matter which side of the move you are on, we can help.
Contact Our David W. Martin Law Group Personal Injury Attorneys Today
Contact our David W. Martin Law Group child relocation attorneys in South Carolina today by calling (803)-548-2468 or contact us online to ensure your rights are protected throughout the legal process so you can confidently move forward.
