Relocating Out of South Carolina with a Child: Custody Modification and Move-Away Cases

Relocating to another state is a major life decision, especially when you share custody of a child. In South Carolina, the law does not allow a custodial parent to simply pack up and move away if it disrupts the non-custodial parent's court-ordered visitation rights. Doing so without legal permission can lead to contempt of court or even a sudden change in custody. Instead, parents must generally navigate a complex legal process known as a relocation or 'move-away' case. Whether you are living in Charleston, Columbia, or Greenville, it is highly recommended to consult a local attorney from our directory to help present your case properly before the judge.

Understanding the Latimer Factors in South Carolina

When a parent wishes to relocate with a child out of South Carolina, the Family Court's primary concern is always the best interests of the child. The legal standard for relocation cases was firmly established in the landmark case Latimer v. Farmer, 360 S.C. 375 (SC Supreme Court 2004). The court uses these 'Latimer factors' to evaluate the request.

First, the judge will look at the potential advantages of the move and whether it will significantly improve the quality of life for both the custodial parent and the child. Second, the court examines the integrity of the motives behind the move-ensuring the relocating parent isn't just trying to defeat or frustrate the other parent's visitation. Third, the motives of the non-custodial parent resisting the move are also scrutinized. Finally, the judge will determine if a realistic, substitute visitation schedule can be created to preserve the relationship between the child and the non-custodial parent. Understanding these elements is critical, as guided by S.C. Code Ann. § 63-15-240.

Step-by-Step Process in Columbia, Charleston, and Greenville

Handling a relocation case involves strict adherence to Family Court procedures. Here is the general path parents take.

Step 1: Discuss the Move with the Other Parent

Before filing anything, try to reach an agreement. If both parents agree to the relocation, you can draft a consent order modifying the visitation schedule, which the judge can then approve without a full trial.

Step 2: File a Summons and Complaint

If an agreement cannot be reached, the relocating parent must officially file a Form SCCA 401, South Carolina, Family Court, Summons and a Form SCCA 467, South Carolina, Family Court, Family Court Cover Sheet in the county where the original order was issued, such as the Richland County Family Court, Columbia or the Charleston County Family Court, Charleston.

Step 3: Request a Temporary Hearing

Because full trials can take a year, you may need to file a motion for a temporary hearing. At this hearing, the judge will issue a temporary ruling on whether you can move while the case is pending. Generally, courts are hesitant to allow a child to move temporarily unless absolutely necessary.

Step 4: Guardian ad Litem Investigation and Final Trial

The court will often appoint a Guardian ad Litem to investigate how the move affects the child. During the final trial, your lawyer will present evidence hitting all the Latimer factors to prove the move is beneficial. The judge at the Greenville County Family Court, Greenville will make a final, binding decision.

Travel Nurses and Corporate Executives

Professionals with high-mobility careers face unique challenges in Family Court. If you are a travel nurse or a corporate executive required to relocate frequently, the court will closely examine how this instability impacts the child's schooling and social life. You must generally prove that the significant financial boost from the new job will directly benefit the child's living conditions, outweighing the disruption of moving away from the other parent.

Active Duty Military and PCS Orders

Service members stationed at Fort Jackson or Shaw AFB often receive Permanent Change of Station (PCS) orders out of state. South Carolina law provides specific protections for military members under S.C. Code Ann. § 63-15-512 and S.C. Code Ann. § 63-5-920. A PCS order is generally considered a substantial change in circumstances. The court will still apply the best interests standard, but judges recognize that military moves are mandatory. Temporary custody arrangements can often be established during deployments, with provisions to easily revert back upon return.

Out-of-State Remarriages

Finding a new spouse who lives in another state is a common reason for relocation. The court will want to know about the new spouse, their background, and how the new household will benefit the child. A new marriage can show stability, but the relocating parent still bears the burden of proving that moving away from the other biological parent is in the child's best interest.

How Much Does it Cost in South Carolina?

Relocation cases are highly contested and often expensive because they function as full custody modification trials.

• Court Filing Fees: Filing a Summons and Complaint typically costs around $150 in South Carolina Family Courts.
• Guardian ad Litem Fees: Expect to pay a retainer between $1,500 and $3,000 for a GAL investigation.
• Lawyer Fees: Contested relocation cases require extensive evidence and trial preparation. Lawyer retainers usually range from $3,500 to $7,500, with total costs often exceeding $10,000 depending on the complexity of the case.

How Long Does the Process Take?

A contested relocation case in South Carolina takes considerable time. A temporary hearing can usually be scheduled within 30 to 45 days of filing. However, completing the GAL investigation, mediation, and getting a spot on the court's docket for a final trial can take anywhere from 8 months to over a year. Parents should plan well in advance of their intended moving date.

Frequently Asked Questions (FAQ)