Legal Question in Family Law in South Carolina

A parent leaving the state with a child

My fiance and I are about to get married in a few weeks and plan to move out of South Carolina in a few months. The father of her five year old daughter has objections to us leaving the South Carolina. The father does not have a close relationship with the daughter and is just being that way out of spite. My fiance and her ex were never married and he does not pay child support. The reason we want to go to Florida is because I am originally a Florida and I am just stationed in South Carolina because I am in the military. so when my enlistment is up I want to return to Florida. My fiance has family near from where I am from in Florida. Her family in Florida will also be able to provide her with a better job opportunity. I would like to know if my fiance and I can go through with these plans and move to Florida with her child and if the child�s father can permanently prevent us from leaving the state? Does he have any grounds to stand on? What should we do?


Asked on 1/28/08, 12:00 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: A parent leaving the state with a child

The father cannot prevent her from moving from SC, but he can try to get the Court to prevent the child from leaving the state. There are many factors that must be considered in these "relocation" cases, including the distance involved, the impact on the parent's relationship with the child, and the reason for the move.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/28/08, 9:56 pm


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