The other parent took your child out of state, or they’re threatening to. Can they do that? What can you do to protect your child and your rights?
Greenville child custody lawyer Michael Turner of Turner Family Law explains whether a parent can take a child out of state in South Carolina.
Can Parents Take Children Out of State in South Carolina?
Whether a parent can take a child out of state in South Carolina depends on existing court orders and whether the absence is temporary or permanent.
When there are existing custody orders, a parent may move a child out of state with the permission of the court. It is difficult to get court approval, and the court is more likely to approve a move if the parent has sole custody.
Note: The legal term for a parent taking a child out of state to live is relocation. If a parent wants to take a child out of state, they want relocation.
Does the other parent have to give permission for a parent to take a child out of South Carolina?
A parent may receive court approval to take a child out of South Carolina even if the other parent doesn’t agree. What the parent must prove to the court depends on whether there are existing custody orders and whether the moving parent has sole custody. It is a high burden, but it can be met with strong evidence and compelling reasons.
Taking a Child Out of State – South Carolina Custody Laws
Whether a parent can lawfully take a child out of state depends on the situation:
No marriage or custody orders
When there are no marriage or custody orders in place, custody defaults to the natural mother. The mother may take the child out of state, or she may give the father permission to take the child out of state. (S.C. Code § 63-17-20).
Parents are married, no divorce is filed or pending
Either parent may take the child out of state temporarily.
By one parent, for the purpose of filing for divorce
A parent can physically take the child, but child custody can’t be determined in the new state unless the child has been there for six months or more.
Child custody is determined by the court of the child’s home state. The home state is where the child has lived with a parent for six months or more before commencing a child custody proceeding. (S.C. Code § 63-15-302(7)).
Even if the child is temporarily absent because the other parent has taken them, jurisdiction still lies in South Carolina. However, there are some exceptions for cases involving domestic violence, child abuse and agreements between the parties as to which state should assume jurisdiction.
If the child’s other parent has moved out of state and intends to file for child custody there, contact us right away. There are things you can do to fight back, but you must work quickly.
Child custody lawyer Michael Turner can prepare legal documents, raise issues of jurisdiction and fight for your rights.
After child custody is awarded – on a temporary basis
When parents have custody and visitation orders in place, a parent may want to take the child out of state temporarily. Reasons are usually vacations and visiting family. Whether this travel is allowed depends on the child custody order.
Generally, a parent may take a child out of state temporarily, unless the child custody order requires the other parent to give permission. The parent taking the child must keep the other parent informed only if the court order requires it. The child must be present at the time and place for the next custody exchange.
After child custody is awarded – permanent relocation
A parent can permanently relocate with a child out of South Carolina only with court permission. If the parent is the custodial parent, that means showing that the relocation is in the child’s best interests.
If the parent wanting to relocate the child doesn’t have sole custody, they must show a change in circumstances affecting the welfare of the child and that it is in the child’s best interests to change custody and relocate. For a non-custodial parent, this is a high burden, and the court is only likely to approve it in exceptional circumstances.
To determine if relocation is in the child’s best interests, the court will consider:
- Reasons for seeking or opposing the move
- Quality of relationships between the parent and child
- Impact of the move on contact with the non-custodial parent, feasibility of visitation
- If the child’s life will be enhanced by the move
Latimer v. Farmer, 360 S.C. 375 (2004).
The wish to relocate, by itself, is not a substantial change in circumstances. Neither is a parent’s remarriage a sufficient change in circumstances to warrant a transfer of custody. Fisher v. Miller, 288 S.C. 576 (1986).
Get Legal Help with Taking a Child Out of State in SC
J. Michael Turner, Jr. helps parents protect their rights and the rights of their children. We invite you to contact Turner Family Law for a consultation and to start your case. Contact us online, or at 864-778-2734.
