If you want to move, the process may not be as simple if you are divorced or subject to a child custody order.
A Rock Hill move-away lawyer can evaluate your situation, answer your questions, and explain your legal options when considering moving away in Rock Hill, South Carolina.
Contact Minor Law Divorce Lawyers for a free and confidential consultation. You can also give us a call at (803) 504-0971 or contact us online today.
How Minor Law Divorce Lawyers Can Help With a Move-Away Case in Rock Hill, SC
Moving or trying to prevent a move when a child is involved can be a complex legal issue. You may be dealing with competing interests and laws in different states. It’s crucial that you have the help of an experienced divorce and child custody lawyer during this time.
A Rock Hill lawyer can help with move-away issues by:
- Explaining South Carolina’s move-away laws to you
- Reviewing your rights under state law
- Preparing necessary petitions and legal documents
- Providing evidence to support your position to propose or object to the move
- Negotiating an out-of-court agreement, when possible
- Proposing changes to existing child custody arrangements
- Representing you in court
You don’t have to go through this process alone. Contact Minor Law Divorce Lawyers today to arrange a confidential case review.
Why Are There Restrictions on Moving Away with a Child?
States sometimes establish laws regarding relocating with a child because they fear that a longer distance can make it more difficult or impossible for the parent who isn’t moving to maintain a relationship with the child. The best interests of the child are a fundamental consideration in cases involving child custody and relocation. Additionally, collecting child support and enforcing child support orders may be difficult when the parents live in different states.
What Are South Carolina’s Move-Away Laws?
South Carolina law states that family courts cannot issue orders that prohibit a custodial parent from moving anywhere within the state unless they find a compelling reason to do so or the parties have agreed to this prohibition. However, moving may require that the child custody order be modified to account for the new changes. For example, the court may provide more extended visitation to the non-custodial parent due to a move that places them and the child further apart. The court can also require the moving parent to bear most of the effort and expense in transporting the child for parenting time with the other.
The rules are different if a custodial parent wants to leave the state. The rules used to find a presumption that moving out of state was not in the child’s best interests. But now, a court considers several factors to determine if the move is, in fact, in the child’s best interests or not.
Factors Considered in Move-Away Cases
If you or the other parent is planning on moving out of state, a court will consider the following factors:
- Do the potential economic and other advantages of the proposed move favor relocation?
- Is the proposed move more likely to improve the custodial parent’s and child’s quality of life or is it a whim on the part of the custodial parent?
- What is the integrity of the custodial parent’s motive in proposing the move and the non-custodial parent’s motive in opposing it?
- Are reasonable substitute visitation arrangements available that would sufficiently foster an ongoing relationship between the child and the non-custodial parent?
Relocation cases are very fact-specific and often depend on the parent’s ability to show the benefits or drawbacks of a proposed move. An experienced Rock Hill family law attorney can gather evidence and make legal arguments to try to convince the court of your position.
Legal Process of Moving Away with a Child
If a parent wants to relocate out of state with the child, they must ask the other parent and the court for permission to do so. If the other parent objects to the move, the relocating parent must request a hearing to approve the request. The non-relocating parent asks the judge to deny the request. Both parties present evidence and testimony at the hearing, and the judge makes a decision.
Contact Our Experienced Rock Hill Move-Away Attorneys for Help
If you wish to relocate with your child or oppose a request to relocate from the other parent, it’s crucial that you work with an experienced Rock Hill move-away attorney who can best present your position. Contact Minor Law Divorce Lawyers for a confidential, no-obligation consultation.
