Moving with your child can complicate any child custody agreement further if you are planning to move to a different state.
Certain legal procedures are required to be followed in South Carolina so that parental rights are upheld as well as the need to protect the child and what’s best for the interest of the child. Regardless of whether a move is due to a new job, desire to be closer to family, or any other reason, it is important to know how that move may affect child custody.
This guide looks at the procedure, rules that apply when it comes to relocation and other procedures that may apply when there are plans to relocate out of South Carolina when it comes to custody and visitation arrangements.
Introduction to Child Custody in South Carolina
legal custody with physical custody is two types of child custody in South Carolina. It is important to understand these differences as both forms of custody have different rights and responsibilities associated with them when one is thinking about a move.
Types of Custody
Two types of child custody are:
Legal Custody
This is the right to make major decisions concerning the child such as the education the child will receive, the medical treatment he or she will undergo, or the religion he or she will practice.
Joint legal custody can be awarded to either one or both parents.
Physical Custody
This regards where the child is to live and which parent is to take responsibility for caring for him or her. Like in legal custody, physical custody may be joint or sole or may be awarded to one parent or both.
Legal Aspects of Moving with a Child
If a person who has a child wants to relocate to South Carolina, they need to follow legal procedures that protect both parents.
Relocation issues can affect custody and visitation rights in a big way, and non-compliance with the above rules can precipitate litigation.
Notice Requirement
In South Carolina, the parent who intends to move must give a written notification to the other parent usually far in advance.
The notice should contain information in the following areas including the new address, the reason for the change of address, and the intended date for the change of address.
It enables the non-custodial parent to object and or seek a change in the existing custody arrangements.
Also affects Visitation and Custody orders
Relocating outside the state can severely affect visitation and may result in modifications of orders regarding child custody.
If the non-relocating parent has an objection to the move the court may be forced to step in and review the present custody order.
Relocation Laws of South Carolina
Generally, South Carolina law does not permit a parent to remove a child from the State without permission of the other parent.
The move cannot be made in a way that goes against the current custody agreements, and if the other parent complains, the moving parent may have to get permission to move.
Relocation is allowed only in cases that the best interest of the child standard that the court uses in every case will support.
Permission from the Court
When the other parent has an issue with a move or when the move would fundamentally alter an existing custody or visitation schedule, permission needs to be obtained from the court.
South Carolina law for instance requires the court’s permission to certain moves by the child and or the parent in cases where it is likely to interfere with the child’s relationship with the non-relocating custodial parent.
When Court Approval is Required
The court’s permission is usually needed if one parent has an objection to the move, or if the move would hinder the other parent from visiting the children.
If the parents cannot agree with the move, the relocating parent has to go to family court and petition for the move.
Considerations Made by the Court
Several factors are taken into consideration by the South Carolina courts when they are deciding on whether or not a parent should be allowed to move away with a child. These factors focus on the best interests of the child and include:
- The purpose of the move (can be a job, improved standard of living, family’s encouragement).
- The effect this move will have on his relationship with both parents.
- In what way the move will impact the stability of the child and or the welfare of the child as will be evidenced by schooling and social setting?
- Whether a reasonable visitation schedule can be observed with the nonrelocating parent.
- The child’s preference depends on his/her age and mental development.
Interstate Custody Enforcement
In case one of the parents decides to move to another state, it is crucial to know how custody orders are executed.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has an important role in this procedure.
Enforcement Act (UCCJEA)
UCCJEA is an act of Parliament, which assists in the creation of standard laws of child custody between states. It enables a court to decide which state has jurisdiction over custody issues and also has the procedure for enforcing custody orders.
Under the UCCJEA:
- If the court made a custody order in South Carolina and the parent with custody relocates to another state then the order is still valid.
- If the non-relocating parent wants to assert visitation or modification rights, they can do so in the state where the child is now living but only if the custody order was proper under the law of South Carolina.
Changing the State in Child Custody
If the move is permanent it might be required to transfer custody cases to the new state.
The parent who wishes to move can approach the family court of the new state and request a change of custody.
However, UCCJEA has laid down certain conditions for the original state (South Carolina) to have jurisdiction in the case at the time of the making of the custody order, and for the new state to modify the order it has to assume jurisdiction under the UCCJEA provisions.
Penalties for Breach of Relocation Policies
Moving with a child without observing the legal requirements set down can have severe consequences.
There is a need for parents to appreciate the potential repercussions for breach of custody orders or the relocation laws in South Carolina.
Sanctions for Illegal Transfer
When a parent moves away without proper authorization from the court or informing the other parent, they are likely to be charged. These can include:
- Contempt of court charges that can lead to fines or any other punishment.
- Changes in visitation schedules with a possibility of losing custodial or visiting rights.
- The court may force the child to be brought back to South Carolina if the move was not authorized and if it is not in the best interest of the child.
Effect on Future Custody Matters
Failure to adhere to this provision greatly influences how the court perceives a parent’s ability to engage in co-parenting and following court orders.
Every parent who does not respect the rules may face a big problem when it comes to fighting for their rights in future matters of custody change or any other related issues.
Returning the Child to South Carolina
If a court finds that a parent has relocated in violation of the law, then the child is to be returned to South Carolina.
This can be a source of stress to the child and the conflict between parents escalates to another level. Both parents should ensure that they observe the set court orders to prevent instances like that.
How our Child Custody Lawyer Can Help You
Child custody cases are always emotionally straining and may also involve a lot of legal procedures.
Our child custody attorney Spartanburg can be of great help when it comes to this and ensure that the parent’s rights are safeguarded while the best interest of the child is upheld.
Guidance Through Legal Procedures
Our child custody lawyer makes sure that you do things in the right manner, right from the filing of the first documents to the hearings. Family law is replete with timelines, paperwork, and procedures that must be complied with in the letter.
One can easily lose a case or even lose custody rights because of that single detail. An attorney who understands the family court proceedings in South Carolina will ensure that your case does not stall.
Negotiation and Mediation Representation
As with many family law matters, parents can often agree without having to go to trial, by using mediation or negotiating. Max Hyde will help during this process as they will represent you in coming up with a reasonable and long-term parenting plan.
It will strive to guarantee that vital matters like child access, parenting time, decision-making, and child support are resolved. They aim at achieving a fair deal in the best interest of your rights as well as the child.
The Rights of Parents in the Court
If your custody issue cannot be resolved through mediation, our attorney will go to trial on your behalf. A good lawyer will prepare a solid case and collect pieces of evidence, call witnesses, and argue the case of the client.
They will also look for ways to refute the opposition’s evidence and arguments so that your side is protected before the judge.
The Welfare of Your Child
In the end, the primary duty of our child custody lawyer is to represent the child and ensure that the child is protected from harm. We will sit with you to develop a plan that will show the judge that you are serious about ensuring the child’s safety and well-being.
The experience of family law attorneys enables them to represent your case well and have your child’s needs met while defending your parenthood rights.
At Max Hyde Law Firm we are a team of professionals who ensure that each of our clientele receives the attention he or she deserves. Allow us to take you through all the legal issues that surround your child custody matter, moving out of state. contact us at (864) 804-6330 and schedule a free consultation to safeguard your rights as a parent.
