Legal Question in Family Law in South Carolina

Divorce-Child Custody

Can a spouse move out of state with children without cause (i.e. job, family member health)?


Asked on 8/24/07, 7:32 am

1 Answer from Attorneys

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

Re: Divorce-Child Custody

Anyone can move anywhere at any time for any reason. The "real" question is whether the spouse will be allowed to take the children with him/her. The answer to that question depends on the facts of the case.

If the other spouse does not object, then of course the moving spouse will be allowed to do so. If the other spouse does object and files an action to prevent the move, the Court will determine what is in the children's best interest, which will involve looking at many factors, including the ones you listed.

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 8/24/07, 9:51 am


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