South Carolina Rules on Custodial Parents Relocating with Children

When parents establish child custody arrangements, usually one of the key principles is that each individual will support the other’s ability to spend meaningful time with the children they share. Often, this is not difficult, because the parties live close enough to each other so that transporting a son or daughter between homes is not a problem. However, situations can arise that compel a parent who has primary physical custody to move out of state or to a distant part of South Carolina. 

Whether seeking better employment, providing support to a family member or starting a new relationship, relocating custodial parents might face a legal challenge. Generally, court approval is required when a mother or father wants to move with their child to another state. There can be instances though where a parent opposes an in-state relocation because it will make visitation much more difficult. However, a court usually only rejects an in-state move for a compelling reason, or because it violates a an existing child custody agreement.  

Like other co-parenting issues, it is best when a resolution can be reached through consensus. For example, if increased distance makes travel more difficult, the noncustodial parent might agree to fewer visits of longer duration so that the time spent with their son or daughter stays roughly the same. If a settlement is not reached, South Carolina courts apply various criteria to assess whether the move aligns with the child’s best interests, such as:

• Reason for the move — The custodial parent must show a legitimate justification as to why they are uprooting themselves and their child from their existing home. 

• Effect on the child — A new residence might offer a more stable and enriched environment, ultimately serving the child’s development and well-being. Access to familial networks, and cultural or educational growth are often evaluated during this analysis.

• Parental intentions — Relocation is a serious matter and the judge assesses each parent’s motivation for seeking and opposing the move, respectively. Taking a child far away should be a thoughtful decision that reflects a true concern for the youth’s well-being rather than a maneuver to spite one’s ex. 

• Alternative arrangements — Central to the relocation evaluation is ensuring the non-custodial parent’s bond with the child remains intact. Proposing realistic substitute visitation arrangements demonstrates the custodial parent’s commitment to preserving the bond between the child and the non-custodial parent.

The relocation process typically begins with a formal motion in court seeking a revision to the parenting plan. This request should outline the proposed move’s benefits and how it supports the child's best interests. It’s crucial to provide evidence supporting the relocation’s advantages and to present proposed visitation adjustments clearly.

McManaway Law, LLC in Greenville advocates for Upstate South Carolina parents in relocation cases and other child custody matters. Please call 864-428-8912 or contact me online if you require assistance with a proposed move or the modification of any other type of family law order.