Parental Relocation Following Divorce in Columbia

Legal Considerations in Move-Away Cases

Under the South Carolina Code of Laws § 63-3-530, the family law court may not prohibit a parent who has child custody from moving with the children within the state unless the other parent can provide compelling evidence of why this would be contrary to the best interests of the children, or that the parents had specifically entered into an agreement which would prohibit such a move. Whether you have custody and are planning to relocate or if you are the non-custodial parent and are determined to prevent losing your children to such a move, it is important to hire an attorney who can represent you in court and fight to secure a favorable outcome for you.

Supporting Your Intention to Move

If you are planning to move, we will study the situation and help you gather evidence to support your case and help persuade the judge to approve your relocation. Common reasons for moving after a divorce include accepting a job offer which will provide you with better pay and a more promising career, to be closer to your own family and a more extensive network of support and attempting to distance yourself and your children from a parent who has a history of abuse or domestic violence.

If the other parent has neglected to spend time with the children and to exercise rights of visitation, this may serve to strengthen your case. It may also be necessary to overcome suspicion or objections that you are simply making the move in an effort to spite the other parent, or that it will be unnecessarily disruptive to the stability in the children's lives.

Preventing Relocation of Your Children

A Columbia divorce lawyer from Masella Law Firm, P.A. can assist you in filing an objection to the other parent's proposed move away, on the grounds that it would not be beneficial for the children or that you are being targeted with malicious actions on the part of your former spouse. It is advisable to take immediate action to allow us to begin building your case, so that we can gather sufficient evidence to support your objection.