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If you are a divorced parent in South Carolina and are considering moving to another state with your child, you cannot simply pack up and go. South Carolina family courts have strict rules regarding relocation, especially when it impacts an existing custody or visitation arrangement. Even if you are the primary custodial parent, the court may prevent you from moving if it determines that the relocation is not in the child’s best interest.
Whether you are pursuing a new job opportunity, moving closer to extended family, or simply starting over in a new state, you must comply with the terms of your custody order and seek permission from the court before relocating with your child. Failing to do so can result in legal consequences, including contempt of court or even a change in custody.
At Sarji Law Firm, we help parents who are facing complex relocation issues protect their rights and focus on what matters most: the well-being of their children. Learn more about your rights by visiting our relocation with children page.
In most cases, yes. If your divorce agreement or custody order gives the other parent visitation or shared custody rights, you cannot move out of state with your child without permission. Even in situations where you have sole physical custody, relocating without the court’s approval can lead to serious legal problems.
The first step in the relocation process is to notify the other parent of your intention to move. This must be done in writing, and it should include details such as your proposed new address, the reason for the move, and how the move will affect the current parenting schedule. If the other parent agrees to the relocation, you can submit a consent order to the court for approval. If they object, you must file a motion to modify your custody agreement and ask the court to approve the move.
The court will then hold a hearing where both sides can present their arguments. It is important to come prepared with evidence that the relocation is in the child’s best interest and that reasonable visitation for the other parent can still be maintained. This is where having an experienced attorney becomes essential.
Our child custody attorneys can help you build a strong case, whether you are requesting permission to relocate or challenging a proposed move by your co-parent.
In South Carolina, the primary consideration in any custody-related decision is the best interest of the child. When a parent wants to move out of state, the court evaluates how the relocation will impact the child’s emotional, educational, and social development. Some of the key factors the court will consider include:
If the court believes that the relocation will disrupt the child’s relationship with the other parent or create unnecessary instability, it may deny the request. On the other hand, if the parent seeking to relocate can demonstrate that the move is in good faith and serves the child’s long-term interests, the court may grant permission and issue a modified custody order.
Each relocation case is unique, and success often depends on the strength of the evidence you present. That’s why it is important to work with a legal team that understands how family court judges evaluate these situations and can help you build a compelling argument.
Parents seeking to relocate often underestimate the legal hurdles involved. One of the biggest mistakes is making informal agreements with the other parent without getting court approval. Even if your co-parent initially agrees to the move, that agreement may not hold up in court if it is not properly documented.
Another mistake is failing to plan ahead. Courts will want to see a detailed relocation plan, including information about housing, schools, child care, medical care, and how the other parent’s visitation rights will be preserved. If you show up to court without these details, the judge may see the move as poorly planned or not in the child’s best interest.
If you are opposing a relocation, one of the most important things you can do is act quickly. Once a motion for relocation is filed, the timeline for responding and preparing for a hearing can move fast. The earlier you consult with an attorney, the better your chances of presenting a strong case.
Whether you are the parent seeking to move or the one trying to keep your child close, the outcome of a relocation case can have a major impact on your future. To protect your parental rights and your child’s stability, contact us today to schedule a consultation.
