How Relocation Affects Child Custody in South Carolina
A parent’s move can lead to a dispute over an existing custody arrangement when the relocation changes the practical terms of parenting time or the child’s circumstances. The Laubshire Law Firm, LLC, helps parents in Columbia child custody cases involving relocation, whether they plan to move or want to preserve a workable relationship with a child who may be moving.
Notice Requirements Before Relocating With a Child
South Carolina does not use one universal relocation-notice rule for every custody case. Start by reviewing the current custody order or settlement agreement because it may contain specific notice requirements, geographic restrictions, or procedures for proposed moves.
A parent considering relocation should address the move before it disrupts the existing order. Relevant information may include the proposed address, moving date, reason for the move, school arrangements, transportation, and a revised parenting time schedule.
How Latimer v. Farmer Changed Relocation Cases
In Latimer v. Farmer (2004), the South Carolina Supreme Court rejected the former presumption against relocation by a custodial parent. A parent seeking a custody change still must establish changed circumstances sufficient to show that modification serves the child’s best interests.
Relocation is therefore part of the overall custody analysis rather than an automatic reason to transfer custody. The court may consider the reasons for the move, the child’s relationships, practical travel issues, and whether a workable parenting schedule can preserve meaningful contact with both parents.
Best-Interest Factors in a Relocation Case
Under S.C. Code § 63-15-240, a family court considers multiple best-interest factors when issuing or modifying custody orders. One factor is whether a parent relocated more than 100 miles from the child’s primary residence in the past year, unless the move was for safety reasons. Other factors include the child’s developmental needs, each parent’s involvement, and the stability of the child’s existing and proposed residences.
Example: A Move From Columbia to Charlotte
Consider a parent who receives a job opportunity in Charlotte. A custody analysis could focus on practical effects such as weeknight travel, school schedules, transportation for exchanges, the parents’ ability to communicate, and the child’s relationship with each parent.
Crossing state lines can also raise additional procedural and jurisdictional questions, so a parent should review the existing order and seek legal guidance before assuming a move can proceed without court involvement.
Plan the Move Before You Pack
Relocation can become much more difficult after a parent changes the child’s school, schedule, or residence without addressing the custody order. Our attorneys are available by phone, text, and email to discuss relocation and custody-modification issues. Call or text (803) 708-4755, or contact us online to schedule a free consultation.
