South Carolina custody orders include details about the division of parenting time and parental authority. Both parents have an obligation to uphold the order until their children become adults or the circumstances make a modification of the custody order necessary.
A move within the state may not require pre-approval, but leaving the state usually does. A parent moving out of state can have a profound impact on the custody arrangements for the family.
What is the process for a relocation modification?
The parent proposing a move out of state generally needs to inform the other parent in writing at least 30 days before they change residences, unless the custody order imposes different rules. Formal written notice provides the other parent with an opportunity to negotiate new terms for the custody arrangement based on the change in address proposed.
Parents can theoretically cooperate throughout this process and pursue an uncontested modification if they agree on terms. If they cannot agree, then litigated modification may be necessary.
The parent intending to leave South Carolina with the children bears the burden of proof if their co-parent opposes the relocation. A judge then determines if the move is in the children’s best interests and how to adjust the custody order.
Parents hoping to move with their children and also those concerned that a move might interfere with their relationship may need legal guidance as they prepare to negotiate custody terms or litigate a relocation in family court. Hiring a family law attorney is important for parents concerned about a proposed custody modification related to a move.