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Skip to main content. You are here Home » Legal Information » Pennsylvania. Basic info and definitions What is custody? What are the advantages and disadvantages of getting a custody order? Should I start a court case to ask for supervised visitation? Who can get custody or visitation Who is entitled to seek custody? Can a parent who committed violence get custody or visitation? If my child was conceived from sexual assault, can the offender get custody or visitation?
Can I file for custody while I am still living with the other parent? I am the child's grandparent or great-grandparent. Can I get custody or visitation?
How the custody process works In which state do I file for custody? How will a judge make a decision about custody? Do I need a lawyer? How much does it cost to file for custody? But first, what if you are the noncustodial parent and you want to prevent the custodial parent from moving?
If you are the noncustodial parent and you want to prevent the custodial parent from moving within the state of SC, there is probably not much that you can do unless there are extraordinary and unusual circumstances. If the court does not prevent the relocation, you may be able to get the court to order a modification of visitation and who is responsible for transporting the child for visitation.
If the custodial parent is planning on relocating to another state without your consent, you will want to move quickly to prevent the move.
You will need to present evidence to prove to the court that the move:. Whether you are seeking to move out of state with your child or prevent the other parent from moving out of state with your child, you should consult with your family law attorney immediately to find out what your rights are and what steps you should take next. If you are the custodial parent and you intend to move with your children in-state, SC Code Section 30 says that the court cannot prohibit your relocation unless 1 there is a compelling reason, or 2 both parents have previously agreed not to relocate.
For example, if you intend to relocate to the other side of the state and the other parent will now have a four-hour drive to pick up their child, the court might adjust the terms of your court order to make accommodations for the other parent, like their:. The bottom line is that, in most cases , the courts will not prevent a custodial parent from moving with their children if they are relocating in-state, but there may be adjustments made to visitation and the responsibility for transporting the child to visits with the other parent.
How should you go about planning this? Although the above factors are considered in every case, there are different legal standards for the move depending on your custody arrangement. When a parent has shared physical custody of the children, that generally means the parents have an approximately equal amount of parenting time.
In other words, if the move significantly benefits that parent, the court reasons that the benefit to the parent trickles down to the children because their interests are heavily intertwined.
In these cases, the court does not attach significant weight to how the move benefits the moving parent. Then the court must determine whether the arrangement is more consistent with shared or sole custody and use the corresponding standard.
But where parenting responsibility is shared and the children are significantly and approximately equally bonded to both parents, the burden should be - and is - higher for the moving parent to justify the move.
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