Relocating with a child after a custody order is in place can be complex. In South Carolina, a custodial parent must follow specific legal steps before moving out of state with their child.
Below is an overview of the law in this area of custody.
Permission is required for out-of-state moves
A custodial parent cannot unilaterally move a child out of South Carolina. They must obtain either the other parent’s consent or approval from the family court. If the noncustodial parent objects, the court will hold a hearing to decide whether the move is in the child’s best interests.
Factors the court considers
South Carolina courts look at several factors when evaluating relocation requests. These include:
- The potential benefits of the move, such as better employment or living conditions
- The effect on the child’s quality of life
- The reason for the move and whether it is made in good faith
- The possibility of preserving the child’s relationship with the noncustodial parent through a new visitation plan
The child’s stability and well-being are always the court’s top priorities.
Consequences of unauthorized relocation
Moving a child out of state without the proper permissions can lead to serious legal consequences. The court may order the child’s return to South Carolina. It may also change the custody arrangement and give custody to the nonmoving parent.
In short, a parent with custody in South Carolina may be allowed to move out of state with their child, but only with consent or court approval. Failing to follow these steps can risk both legal penalties and custody rights. For more information on this subject, it will help to seek legal guidance.
