In Need of a Child Relocation Attorney in Greenville?
At the David W. Martin Law Group, our child relocation attorneys in Greenville know that when one parent is awarded primary custody of their child(ren), circumstances may arise when he or she needs to move from one location to another — taking the kids with them.
The South Carolina family courts understand that families move all the time and that a judge should not have to oversee each residence change. This means custodial parents are free to relocate within the state of South Carolina with their minor children without permission from the other parent, or the family courts.
However, if the custodial parent wants to move outside of South Carolina, taking their minor children with them, he or she must get either the other parent’s permission, or petition the court to approve the move.
Our Greenville County child relocation attorneys can help. Whether you are the parent who has primary custody, or the parent opposing the move, we can help you understand your legal rights and options to continue with the move, or stop it from happening.
Contact our dedicated family law attorneys in Greenville today to learn more.
How Can I Get a South Carolina Family Court to Approve My Child Relocation Request?
The first course of action when proposing relocation, taking your kids from South Carolina to another state, is to discuss a potential move with the other parent first. Our Greenville child relocation attorneys know that while some spouses maintain a close relationship and can discuss something this important without the court’s intervention, others are going to have to fight tooth and nail against their former spouse’s opposition, and for the court’s approval.
For this reason, it is important that you build a strong argument FOR the move, so you have all your bases covered before approaching the other parent, and the South Carolina family courts.
We never recommend throwing around threats of a move, or simply blurting out that you might move, without an important reason to support the need for child relocation.
The court will require you to prove the move will benefit your children, and that leaving South Carolina — and the other parent — is in their best interests.
That may include:
- A positive career change, including a promotion or significant pay raise.
- A move to be closer to family, educational opportunities, or physicians that will help support your and the children’s physical, emotional, and psychological well-being.
- A relocation is required for a new marriage.
Once the custodial parent meets this initial burden of proof, then the burden shifts to the non-custodial parent to show that the relocation is not in the best interest of the children.
One way to build your relocation request for success is to ensure you have considered all the factors, including that you are respecting the other parent’s relationship with the children by providing a realistic substitute visitation arrangement. Our experienced child relocation attorneys in Greenville will help you outline each detail of your proposed move out of state, so you can present it to the other parent for approval. If he or she is not going to consent to the move, we will continue to strengthen your case to present it to a South Carolina family court judge for approval.
Being proactive and considering every angle of the move is the best approach to seeking approval. We can help. Call our Greenville child relocation attorney today to learn more about presenting a commitment to nurturing an ongoing relationship between the non-custodial parent and your children, so your move is presented in good faith.
How Can I Stop My Ex-Spouse From Moving Outside of South Carolina With Our Kids?
If you are a committed parent who values your relationship with your children, and whose children reciprocate the respect and importance of your combined relationship, we want to help you keep your kids in South Carolina.
If the other parent’s relocation of your children will deprive you of significant parenting time, harming your relationship with them, it is critical to building a case that proves that is true.
If you have legitimate reasons to believe that the custodial parent will not maintain a long-distance relationship between you and the children, we can use this fact to prove your children’s best interests are served by staying near.
Likewise, if the children are older, and do not wish to relocate, we can introduce their testimony to help build your case for success. Your rights as a parent are important to your children’s growth and prosperity. We can help ensure they are protected from the beginning.
Conversely, if you did not regularly exercise your visitation rights, or were otherwise an absent parent and are simply opposing the relocation request to be difficult, you may not have a strong enough case to be successful. We can help you understand how our South Carolina family laws apply to your unique circumstances too, so you know what you are up against.
Contact our skilled child relocation attorneys in Greenville County at the David W. Martin Law Group today by calling (803) 590-1958 to learn more.