In Need of Trusted Child Relocation Attorney in Indian Land, South Carolina
At the David W. Martin Law Group, our Indian Land child relocation attorneys understand that getting to that point where your divorce and legal disputes are finally over, and all family decisions are signed and sealed is worth celebrating.
We also understand that from the moment both spouses move in separate directions after a South Carolina divorce, their personal and professional lives can change considerably going forward. This could mean finding a new love interest, getting a promotion, or renewing relationships with distant family members who want to help move your family’s new life in a positive direction.
What most people do not consider is, this type of growth happens to parents, too. And many times, these opportunities come with the need to move to a new city, or even out of South Carolina.
When parents share minor children with their ex-spouse, physically moving their kids to a new location can lead to one of two responses from the other parent: 1) “Let’s discuss how this will impact my relationship, visitation, and custody rights.” Or 2) “Absolutely not.”
Our Lancaster County child relocation attorneys are aware most of our clients know what their ex-spouse is going to say before they even ask. If this is true for you, contact our skilled child relocation attorneys in Indian Land today to learn more about your legal rights and options to move away with your children — or keep them nearby.
What Does the Court Consider During a South Carolina Child Relocation Hearing?
In South Carolina, one parent does not typically need to get the other parent’s approval to move elsewhere, if it is inside the state.
However, an out-of-state move must be agreed upon by both parents, or the South Carolina family court will intervene and make the decision for them.
Going to court means — depending on which side of the courtroom you are on — presenting evidence that supports your need to move out of state with the children is warranted, or concrete proof that your relationships with your children will suffer greatly from the move.
The evidence must be more than each parent’s opinion on the matter, and may include:
- Documents outlining how much time the kids spend in their care.
- Witness testimony regarding the importance of the parent’s relationships with the kids.
- Proof of a promotion, or other positive, tangible growth and improvement that will only be realized with the move.
- Extenuating circumstances that require a move to be closer to family, physicians, or educational opportunities that will benefit the children.
If you are the parent who is requesting the move: We must demonstrate that you are proposing the move in good faith and are committed to nurturing an ongoing relationship between the non-custodial parent and the children. This includes outlining communication tools and providing a realistic substitute visitation arrangement.
If you are the parent who is objecting to the move: We must demonstrate that any relocation would significantly harm their custody rights and the children’s best interests.
Once we submit our complete case to the judge, the evidence will be fully reviewed, with key elements regarding the child’s quality of life, before approving or denying the relocation.
Until the ruling occurs, your existing custody agreement or order will remain in effect and completely enforceable.
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.