Can I Relocate With Our Children After a South Carolina Divorce?

At the David W. Martin Law Group, our family law attorneys in Rock Hill and Fort Mill understand that South Carolina divorces often lead to many lifestyle changes once they are finalized.

One of those changes can include physically moving, whether it is from the family home to a new house, because of a new job, or simply just starting anew.

Our York County divorce attorneys caution parents from assuming they can simply move their kids from one home to another, especially when it would take them to a different city, county, or state.

Child relocation cases are difficult for everyone involved, including the parents, children, and the family courts, as they weigh the appropriate factors to approve or deny the request.

Here are a few factors the South Carolina Family Courts will take into consideration when reviewing relocation cases.

What Factors Will the Court Consider During Child Relocation Cases in South Carolina?

The court’s initial stance is that the children should have both parents present in their lives to ensure stability and protect the kids’ best interests.

When evaluating the best interests of the children during relocation requests, the courts will review the following factors:

  • The overall quality of life for the child and the custodial parent
  • The potential advantages of the proposed move, including expanding economic growth and familial relationships
  • The motives of both the custodial and/or noncustodial parent in seeking to relocate or prevent relocation
  • The availability of a realistic visitation agreement that will nurture a relationship between the noncustodial parent and the children

If the noncustodial parent is heavily involved in the children’s day-to-day lives, the court will weigh his or her connection to the children heavily when determining the case’s direction.

Common Reasons South Carolina Courts Will Approve Child Relocation

All South Carolina child relocation cases are unique and should be reviewed with an experienced family law attorney, so you understand your legal rights and options.

Our South Carolina courts have consistently allowed parents to relocate with their children for the following reasons:

  • To be closer to family or live with relatives
  • To obtain employment or better employment opportunities

 

The custodial parent must be able to show that he or she is moving the children for a positive purpose, and not to punish or otherwise be vindictive to the other parent.

Conversely, the noncustodial parent who is seeking to prevent the relocation must show that the reasons cited for the move do not outweigh their daily involvement in their children’s lives and that the kids could suffer irreparable harm if the move is allowed.

No matter which side of the argument you are on, these cases can be emotionally overwhelming, and require the help of s skilled child relocation attorney, so you can make the proper argument without the stress of the unknown.

Contact Our Skilled Child Relocation Attorneys in South Carolina Today

If you are concerned about moving with your children or are trying to prevent your ex-spouse from relocating with your kids, contact our experienced family law attorneys in Rock Hill and Fort Mill to schedule a free consultation today by calling (803) 548-2468 or contact us online and one of our experienced family law attorneys will contact you directly.

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