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If you share custody of your children with a co-parent and you or they plan on moving a significant distance away, you will need to address the matter with the state court. A seasoned Spartanburg relocation lawyer could help you through the challenging process of relocating with children while retaining parental rights.
In South Carolina, parents must reach an agreement on the matter or must turn to a family law court. South Carolina courts are always guided by the best interests of the children, which means every relocation decision is based on the unique circumstances involved. Reach out for the skilled legal guidance from the child custody attorneys at KD Trial Lawyers today.
If you or your co-parent plan on moving out of South Carolina with your children, you will need the court’s permission. If the move will affect your current parenting plan to the degree that it is unworkable for you or your children’s other parent, the court could bar the move from happening.
Your options include reaching an agreement with your ex among yourselves that addresses the move and turning to the court to make it official. If, however, you are unable to find a middle ground regarding the move, you will need to take the matter up with the court that handed down your original orders, either to enforce those orders or request a modification to them. Our trusted relocation attorneys in Spartanburg could help you understand what your rights are and help you contest or advocate for the move based on the best interests of your children.
Two primary issues often arise when relocation is brought into a child custody case: Out-of-state moves and co-parent objection. Out-of-state moves are more likely to be restricted by the court than in-state moves are, as it requires the children to be further from their other parent. If one parent plans on moving with children to a location that is across the state line, the other parent’s permission or strong evidence to convince a family law court that it is best for the children is required.
If a parent objects to a proposed move and can demonstrate that it interferes with their ability to spend time with shared children, the court will hear them out and take the best interest factors into consideration to determine if the move is a good choice for the children. Our Spartanburg lawyers work hard to build a solid argument in favor of or against the move based on your goals and rights as a parent.
When assessing whether the proposed move supports the children’s best interests, South Carolina courts consider several primary factors. Firstly, you or your co-parent must share the reason behind the move and justify uprooting your children and affecting their ability to spend time with their other parent.
The moving parent is required to demonstrate that the move benefits your children in some way. An example includes moving closer to family members who will play a significant role in your children’s lives, or providing them with better educational opportunities, which could work in your or your co-parent’s favor.
The court will carefully consider you and your ex’s intentions regarding the move. If the court finds that either of you is more interested in child alienation than in supporting the children’s best interests, it can sway the decision. Our dedicated Spartanburg relocation attorneys could help with workable alternative child custody arrangements that support both close and ongoing bonds with both parents, and either encourage or prevent cause for relocation.
Our knowledgeable Spartanburg relocation lawyers at KD Trial Lawyers, serving both South Carolina and North Carolina, spare no effort in our focused support of or against relocation plans. We appreciate how important a move can be for you and your children or how devastating it can feel when a co-parent tries to take them away, and we welcome the opportunity to help. For more information about everything we can do for you, please do not wait to reach out by contacting us online or giving us a call today.