Looking to relocate with a child? Proposing a relocation in court is a lengthy process, and may or may not result in approval. We've laid out all the details of relocation in South Carolina, so you can prepare for the process ahead.
Relocation is defined as moving farther than 50 miles from your permanent residence. Currently, South Carolina does not place many restrictions on relocating within the state, and the court must have a compelling reason to deny the request, such as a conflicting custody agreement.
Out-of-state relocation, on the other hand, is a different circumstance and often requires parents to create a new custody agreement. Because of this, non-custodial parents can oppose the relocation as a way to preserve their current visitation agreement.
When considering an out-of-state request, the court examines the relocation in 4 parts:
- Intentions and motivations for seeking/preventing relocation
- Benefits and advantages of the relocation, such as the economic status of the state, living conditions, etc.
- Likelihood of improving the child's quality of life or well-being with the relocation
- Likelihood of a viable or alternative visitation agreement regarding the child and non-custodial parent
The court will also consider the parents' mental health, each parent's personal relationship with the child, as well as the child's temperament, age, and developmental needs. The court may even request to hear the child's preference.
If the move favors the future of the child, the court will grant the relocation. If the court finds that the relocation is unnecessary, or could harm the future of the child, the court will deny the request.
The implications of a relocation go beyond simply moving boxes. Non-custodial parents could face limited visitation agreements and a loss of connection with their ward. Due to the non-custodial parent's travel, the court may mandate a lessoned child support payment to the custodial parent. A family law attorney can help advocate for your cause and help you through changes in custody.
Contact Our Columbia Relocation Attorneys Now – (803) 938-4952
At Masella Law Firm, P.A., we understand the importance of your child's future. Our relocation lawyers can help you fight for a relocation or object to one. With nearly 30 years of collective experience, our legal team has the knowledge and strategy you need for your case.
Don't leave your child's future up to chance. Contact Masella Law Firm, P.A. today to discuss your relocation case.