In Need Of a Child Relocation Lawyer?
In South Carolina and throughout the rest of the country, it is incredibly common for one divorced parent to relocate with their children, whether the reason is work-related, family-focused, or simply to obtain a new start after dissolving their marriage.
Unfortunately, when that parent shares minor children with their ex-spouse, this can cause concern for the other parent, who will be subjected to decreased parenting time and increased visitation costs — not to mention the emotionally upsetting factor of no longer having their children near.
At the David W. Martin Law Group, our South Carolina child relocation attorneys know that these cases do not typically move smoothly through the courts, and for good reason. No one wants their children to move far away from them, especially when they already have a custody agreement in place.
In South Carolina, custody orders remain in place unless a modification is reviewed and approved by a judge, which includes relocation requests when the parents disagree on the move.
If the other parent objects to the relocation, the court will hold a hearing to determine if the move is in the child’s best interests.
If you are seeking a child relocation request in South Carolina, you will need to partner with an experienced Greenville family law lawyer who will outline your rights and build your case to pursue success inside the courtroom.
What Constitutes Child Relocation in South Carolina?
The South Carolina courts understand that families move all the time and that a judge should not have to oversee each residence change each divorced family undergoes, which is why custodial parents are free to relocate within the state of South Carolina with their minor children without permission.
Intrastate moves typically do not require the court to interfere, unless it determines that there is a compelling reason to intervene.
However, if the custodial parent seeks to move their children out of state, the other parent must agree to the relocation request.
It is not uncommon for the other parent to disagree with an out-of-state move, especially if the initial divorce was already contentious.
At the David W. Martin Law Group, our child relocation lawyers in South Carolina will help build your case, so you can provide the court with an outline of the extenuating circumstances and supporting evidence required to prove your move is in the best interests of the children.
What Does the Court Consider During a Child Relocation Hearing in South Carolina?
An out-of-state move can be approved or denied by the court, but first, both parents will need to present evidence to prove why the child(ren) should remain in their care.
This can include documents, witnesses, proof of career improvement including 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 South Carolina child relocation attorneys help our clients demonstrate the necessary requirements for their unique cases.
We will also outline the other potential advantages of the proposed move, and our client’s:
- Care considered when requesting the decision to relocate
- Availability in providing a realistic substitute visitation arrangement
- Commitment to nurturing an ongoing relationship between the non-custodial parent and the children
- Good faith in proposing the relocation
Once we submit your complete case to the judge, the evidence will be fully reviewed, with key elements regarding the child’s quality of life, before approving or denying the relocation.
How Can the Other Parent Keep Me From Relocating to Another State with Our Children?
When one parent wants to relocate to another state with their children, they typically know what their ex-spouse will think when they ask.
It is no secret that highly contentious marital relationship continues long after the divorce is over, which is to say, if you and your ex-spouse can rarely agree on swapping one visitation weekend for another, chances are he or she is going to balk at the very idea of moving the children out of state.
However, 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 argument you are on, whether you are the custodial parent or the non-custodial parent, we will build your case to pursue the best results for your unique circumstances.
Keep in mind. your existing custody order will remain in effect and completely enforceable until the court legally rules on your relocation case.
Will Moving Out of State Affect My Current Fort Mill & Greenville, South Carolina Child Support Order?
If one parent gains approval to move their children out of state, the same child support order will still apply.
The court may also evaluate the increased costs associated with transportation and overall visitation expenses to suggest a child support modification requirement based on the distance and costs associated with the travel if the parents cannot do the math and arrange for the financial requirements on their own.
Otherwise, the financial support will not be diminished by the distance, as the children will still benefit from receiving support even when the other parent has relocated.
It will be up to the state the parent moved inside to enforce the order that was put in place by the original state where the order was issued, should the other parent stops paying the ordered pr agreed-upon amount on schedule.
What Happens After the Court Approves Child Relocation Requests in Fort Mill & Rock Hill Greenville, SC?
If the South Carolina family court approves your child’s relocation request, several factors must be established before the move is finalized.
First, it will provide a new visitation schedule for the non-custodial parent.
Often during relocation approvals, the visitation days for the non-custodial parent will be extended to include school breaks, holidays, and summers, since the children must now travel to accommodate their custodial parent’s needs.
Contact Our Child Relocation Attorneys in South Carolina Today to Schedule an Initial Consultation
If you and the other parent can agree on out-of-state custody relocation, you can avoid involving the courts in your decision. That can occur during private discussions or through mediation. If you can settle the relocation details yourselves, our experienced family law attorney in Fort Mill, SC will help finalize the agreement, so it is legally binding and enforceable.
If you need mediation to negotiate the details of the move, we can help with that too.
If you know a relocation request is going to be a fight, we can litigate your South Carolina child relocation case in court while pursuing the best outcome for your unique custody needs.
Contact our South Carolina family law lawyers at the David W. Martin Law Group today to discuss your unique legal representation needs during a consultation by calling (803) 548-2468.
