Our Fort Mill child relocation lawyers know that when an opportunity arises that may involve a significant move, taking the children with you — or stopping the other parent from doing so — can become an anxiety-filled battle with the other parent.
At the David W. Martin Law Group, our York County family lawyers represent both mothers and fathers in South Carolina in the pursuit of long-distance moves, and in protecting their rights to keep their children near.
All parents must understand that when they have child custody orders in place, they may not violate them without legal consequences — that includes moving the children away from the other parent without his or her approval.
Without permission, the parent who wants to relocate with the children outside of the state must petition the court for approval to do so.
Here is what parents need to know about their legal rights and options during child relocation cases.
How Does a South Carolina Family Court Judge Decide Relocation Requests?
When parents share custody of their children, and one parent wants to move from South Carolina to another state — taking the kids with him or her — the other parent will have a say in the move.
They can either decide privately and modify their custody agreement accordingly or petition the court for approval. Keep in mind unless you can provide a compelling argument — for or against — the judge may deny your request to move or to make the other parent stay.
Therefore, it is important to partner with a skilled Fort Mill child relocation attorney to help build your case by presenting critical evidence that may include, but is not limited to:
- Documents outlining the benefits of the move, which may include proof of a promotion or pay raise.
- Witnesses who will testify that the move will enrich the lives of the children.
- Extenuating circumstances that require a move to be closer to family, physicians, or educational opportunities that will benefit the children.
Our dedicated child relocation lawyers in York County will also present supporting evidence that you are committed to providing a realistic substitute visitation agreement with the other parent and will maintain a nurturing relationship between the non-custodial parent and the children.
What Are the Chances of Relocating with My Children When the Other Parent Opposes the Move?
The first step when relocating with children in South Carolina is talking with the other parent about your potential plans. Since you were once married or had a relationship with the other parent, there is a good chance you already know how the conversation is going to go.
If you have an adversarial relationship with the other parent, he or she may fight the move just to fight. This is not what the court wants to see, and may work in your favor, if they are simply acting out of spite.
If the other parent has an extremely close relationship with his or her kids, they may fight the move because they are genuinely worried about the time they are going to lose with their children. They must demonstrate that any relocation would significantly harm their custody rights and the children’s best interests. This is when you may have trouble getting approval from the court.
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.
At David W. Martin Law Group We Focus on the Following Practice Areas Also:
Contact Our Experienced Child Relocation Attorneys in Fort Mill, South Carolina Today
Contact our Fort Mill family law attorneys today to learn more about your legal rights and options, so we can get started on building your case for success.
Our David W. Martin Law Group child relocation attorneys in South Carolina are available to discuss your existing child custody agreement today by calling (803) 548-2468 to ensure your rights are protected going forward.