Interested in Moving Your Child Out of State?
In many cases, a custodial parent relocates to another city, state, or even country in order to pursue a new career opportunity or to get remarried—which means the children will have to tag along. However, the noncustodial parent doesn’t often approve because such a move would result in reduced parenting time and increased costs related to visitation.
If you are interested in relocating with your child, our Columbia family law attorneys at Moore Bradley Myers Law Firm, P.A. can help you take the appropriate legal actions. We can thoroughly evaluate your case and determine all of the legal options you can take to get the outcome you desire.
How Does a Family Law Court Grant Relocation?
Although custodial parents have the right to relocate with their minor children within South Carolina without a court order, planning to move out-of-state requires permission from the other parent and a judge. If the noncustodial parent doesn’t approve of the potential move, they must ask the court to deny the request.
When deciding whether to approve or reject a move outside the state, each parent must present evidence (i.e. documents, witness accounts, etc.) to prove why the child should remain in the current area. The custodial parent must show the potential benefits of relocation (i.e. better job, better academic opportunities for the child, increased family support, etc.), how the move will improve the quality of his/her and the child’s life, the amount of time and preparation to make such a decision, and the available visitation options so the child maintains an ongoing relationship with the noncustodial parent.
At the end of the hearing, the court will evaluate the evidence presented by both parties and make a decision. If relocation is approved, a new visitation schedule will be given to the noncustodial parent and it is possible child support may be modified.
How Does Moving Out of State Affect Child Support?
If the parent wishes to move out of state, the same child support orders apply. The child will still benefit from receiving support even when the other parent has relocated. That state must enforce the order that was put in place by the original state where the order was issued.
Let Us Help You Today!
Relocation can be a highly contentious issue. The aftermath of a relocation proceeding can substantially affect how often a noncustodial parent sees his/her child. Whether you are seeking relocation or wish to prevent it from happening, our firm can provide experienced legal assistance.
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If you are looking to retain our legal services, we invite you to visit our West Columbia or Saluda office to discuss your case.
Call (803) 796-9160 or fill out our online contact form to take the first step.
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