Personal Representation
From Experienced Charleston Family Law Attorneys

Relocation and child custody

On Behalf of | Nov 1, 2023 | Child Custody

Moving to a new location is challenging, especially when children are involved. Factor in a child custody order and the situation becomes significantly more complicated. If you’re contemplating a move, you must ensure that you comply with your agreement or your own rights could be compromised as a result.

Before planning any move impacted by a child custody case, the first crucial step is to scrutinize your parenting plan thoroughly. Look for any clauses or stipulations that pertain to relocating. Some orders have precise guidelines about how far you can move or may even require consent from the other parent or the court before relocating.

Communication is key

Once you’ve reviewed your custody agreement, talk with your child’s other parent. This shouldn’t involve a quick text message or a hurried phone call but a detailed discussion about why you’re moving and how it will impact the children. If your custody order requires it, you might also need written consent for the move. Approach the conversation carefully and respectfully so that it doesn’t escalate unnecessarily.

Consider your child’s well-being

Once all the technicalities are sorted, it’s time to focus on the children. Coordinating with the other parent to create a smooth transition can significantly lessen the emotional toll on your children. Whether maintaining a shared calendar or planning visits, working together is essential for the children’s emotional well-being.

Don’t underestimate the court’s role

In cases where mutual agreement isn’t possible, you may have to go to court to modify your custody order. The court will generally consider several factors when assessing the feasibility of the move, such as the distance, the reason for moving and how the move will affect the child’s quality of life. Be prepared to present a strong case if you go this route.

Being thoughtful about your approach is key when navigating a relocation that will impact your children and your co-parent. Ideally, you’ll seek legal guidance so that a professional can assist you with determining how to proceed with your case.