Legal Question in Family Law in South Carolina

I am currently married and my husband is active duty military. I have 2 small children from my previous marriage. If my husband has to relocate will I be able to move as well and take my kids ? Also, there is nothing in our custody agreement about relocation and I am the primary custodial parent/ residential parent and share joint legal custody.


Asked on 9/19/12, 9:40 am

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

Without reviewing your custody agreement I will not be able to give you an exact answer. If you are the primary physical custodian then generally the children will relocate with you, but this will likely change their father's visitation schedule. If their father gets every other weekend per the order and you move and father cannot visit every other weekend you may be held in contempt. I would take your custody papers to a local attorney and find out what your options are. If you handle things properly you may be able to avoid another custody/visitation battle. If you and their father are on good speaking terms you may want to talk about it and possibly change the visitation schedule in a manner that works for both of you and the children. Good luck.

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Answered on 9/21/12, 5:14 am


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