Divorce often brings significant changes for families, and sometimes those changes include a move. A parent may receive a new job opportunity, want to move closer to extended family, or have another important reason for considering a new home. When children are involved, however, relocating can raise complicated legal and emotional questions—particularly when the move could affect the children’s relationship with their other parent. Whether a parent can relocate with a child depends on the circumstances of the case, any existing custody order or parenting plan, and what the court determines is in the child’s best interests. South Carolina law treats relocation differently depending on whether the move is within the state or across state lines.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a state law governing which state has jurisdiction to make or modify child custody determinations. South Carolina has adopted the UCCJEA under S.C. Code Ann. § 63-15-300 et seq. The UCCJEA is designed to discourage parents from moving children from state to state in an attempt to obtain a more favorable custody ruling. It also helps prevent conflicting custody decisions from courts in different states and provides a framework for recognizing and enforcing valid custody orders across state lines.
The Home State Rule
One of the UCCJEA’s most important concepts is the child’s “home state.” Generally, the home state is the state where the child lived with a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. There are exceptions and additional rules that can apply. For example, a temporary absence from a state generally does not change the child’s home state. If a child has not lived in one state for the required period, another state may have jurisdiction under the UCCJEA’s significant-connection provisions.
The UCCJEA also allows courts to exercise temporary emergency jurisdiction in certain circumstances when a child is present in the state and needs immediate protection because of abuse, mistreatment, or abandonment.
Importantly, the UCCJEA determines which state’s court has authority to address custody matters. It does not determine which parent should receive custody or whether a particular relocation is in the child’s best interests.
Relocating Within South Carolina
South Carolina generally treats an in-state move differently from a move across state lines. Under S.C. Code Ann. § 63-3-530(A)(30), the Family Court generally may not prohibit a custodial parent from relocating with a child to another location within South Carolina unless the court finds a compelling reason to do so or the parties have agreed to a restriction on relocation. That does not mean that an in-state move should be undertaken without considering an existing custody order or parenting plan. A move may affect transportation, visitation schedules, school arrangements, extracurricular activities, and the child’s relationship with the other parent.
If a proposed move creates a substantial change in circumstances or interferes with an existing custody arrangement, the Family Court may need to address those issues.
Relocating Outside South Carolina
An out-of-state relocation can present more significant legal issues, particularly when the move would substantially change the existing parenting arrangement. South Carolina does not apply an automatic presumption that an out-of-state relocation is either permitted or prohibited. Instead, the Family Court considers the specific circumstances of the case and determines what is in the child’s best interests.
South Carolina’s appellate courts have emphasized that relocation cases are highly fact-dependent. In Latimer v. Farmer, the South Carolina Supreme Court rejected a former presumption against relocation and explained that the court should consider the circumstances of each individual case when determining whether relocation is in the child’s best interests.
Among the considerations that may be relevant are:
- The potential advantages of the proposed relocation;
- Whether the move is likely to substantially improve the quality of life of the custodial parent and child and is not simply a matter of convenience or whim;
- The motives of both parents in seeking or opposing the relocation; and
- Whether realistic visitation or parenting-time arrangements can preserve the child’s relationship with the parent who remains behind.
These considerations do not operate as a simple checklist. The court looks at the totality of the circumstances and focuses on the best interests of the child.
What Factors May the Court Consider?
South Carolina law recognizes that custody decisions should take into account the circumstances of each individual family. Depending on the facts of the case, the Family Court may consider the child’s relationship with each parent and other significant people in the child’s life, the child’s adjustment to home, school, and community, and the stability of the existing and proposed living arrangements. The court may also consider each parent’s ability to support the child’s relationship with the other parent. This can be particularly important in a relocation case, where a move may make regular parenting time more difficult.
The reasons for the proposed move may also matter. A relocation prompted by a new employment opportunity, closer family support, educational opportunities, or another significant change may be viewed differently from a move intended primarily to interfere with the other parent’s relationship with the child.
The child’s age, maturity, and preferences may also be relevant, although a child’s wishes are only one consideration among many and do not automatically determine the outcome.
South Carolina law also directs the court to consider certain circumstances involving a parent’s relocation and the child’s best interests, including situations in which a parent has moved more than 100 miles from the child’s primary residence within the preceding year, subject to statutory exceptions.
Because there is no single formula that determines the outcome of every relocation case, the facts surrounding the individual family are extremely important.
Parenting Time After a Relocation
One of the biggest practical concerns in a relocation case is maintaining the child’s relationship with both parents.
A move that makes regular weekend visitation impractical may require the parents to consider alternative arrangements. Depending on the distance and circumstances, a parenting plan might address longer periods of visitation during school breaks, holidays, summer vacation, transportation responsibilities, and other arrangements that allow the child to maintain meaningful relationships with both parents.
The court may consider whether a proposed parenting schedule is realistic and whether the relocating parent is willing to support the child’s continued relationship with the other parent. For this reason, a parent considering relocation should think beyond the move itself. A proposed plan should address how school, transportation, holidays, extracurricular activities, communication, and parenting time will work after the relocation.
What If the Other Parent Objects?
A parent who wants to relocate should not assume that an existing custody arrangement will automatically remain workable after the move. Likewise, a parent who opposes a proposed relocation may have legal options for addressing the change. The appropriate course of action depends on the existing custody order, the reason for the proposed move, the distance involved, the child’s relationship with each parent, and other circumstances.
Before making a significant move, it is important to review the existing custody order or parenting plan and understand how the relocation could affect the family’s legal rights and responsibilities.
If necessary, the Family Court can consider the circumstances and determine whether changes to custody or parenting time are appropriate.
Relocation can be a major decision for an entire family. Before accepting a job in another state, signing a lease, purchasing a home, or making other arrangements that would substantially change where a child lives, a parent should understand how the move may affect an existing custody order or parenting plan.
Similarly, if your child’s other parent is planning to move away, it is important to understand your rights and consider how the proposed relocation could affect your relationship with your child.
Because relocation cases are highly dependent on individual circumstances, obtaining legal advice early can be helpful. Waiting until after a move has already occurred can create additional complications.
When a Guardian ad Litem or Other Professional May Be Involved
Some relocation and custody cases are particularly complex. Depending on the circumstances, the Family Court may appoint a guardian ad litem to investigate the child’s circumstances and make recommendations concerning the child’s best interests. Other professionals may also become involved in a custody dispute when appropriate, including mental health professionals or other qualified experts. Their involvement depends on the specific facts and needs of the case.
Family Law Guidance from The Floyd Law Firm
Family law matters can affect some of the most personal and important parts of your life. When children are involved, decisions about where they will live and how they will maintain relationships with both parents can be particularly difficult.
At The Floyd Law Firm, family law attorney Jeff Parker, helps individuals and families navigate custody, visitation, relocation, divorce, and other family law matters. We take the time to understand each client’s circumstances and explain the legal options available under South Carolina law.
If you are considering relocating with your children, or if your child’s other parent is planning to move, our Surfside Beach attorneys can help you understand the legal issues involved and determine what steps may be appropriate for your situation. The decisions you make today can affect your family’s future. Having knowledgeable legal guidance can help you approach those decisions with greater clarity and confidence.
