Posts Tagged ‘Relocation’

The best time to defeat a relocation case is before it’s filed

In my 20+ years of family law practice, I’ve yet to see a relocation case in which the requested relocation was solely for the child’s benefit and at the inconvenience of the custodial parent. I’m not sure how a family court judge would react to a non-custodial parent who opposed a relocation that was based […]

The price of relocation

When custodial parents relocate, the non-custodial parent almost always suffers. Typically they lose the frequent contact with the minor child that helps sustain most parent-child relationships. The ability of the non-custodial parent to observe or participate in the child’s school and extracurricular activities greatly diminishes. When a child lives hundreds of miles away, midweek visitation […]

The difficulties relocating with children merely because the stepparent is moving

Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse moves they and the children will move. Rarely do they consider the difficulties they might encounter with the other parent if they wish to relocate merely because their own spouse […]

Shared custody parents should date locally

One of the more heart wrenching consults I commonly encounter is when a primary caretaker mother who agreed to shared physical custody has fallen in love and married, or plans to marry, a man who is required to live elsewhere. [1]  These mothers assume they will be allowed to alter the shared custody arrangement and […]

Court of Appeals’ opinion applies Latimer factors to initial custody determination

Today’s South Carolina Court of Appeals opinion in McComb v. Conard, 394 S.C. 416, 715 S.E.2d 662 (Ct. App. 2011), approved the family court’s use of the relocation factors first set forth in Latimer v. Farmer, 360 S.C. 375, 602 S.E.2d 32 (2004) in a case involving an initial custody determination. McComb began when mother attempted to […]

New Frequently Asked Question on Relocation

It’s very basic but any attorney or parent seeking a simple explanation of South Carolina law on custodial parent relocation is directed to this new FAQ: How Does the Family Court Decide Whether to Allow a Custodial Parent to Relocate with the Children?

Court of Appeals renders first published post-Latimer decision on relocation

Our [South Carolina] Court of Appeals rarely prohibited a parent from relocating with a child (at least in the opinions it published) when our Supreme Court had a presumption against relocation.  So it’s not surprising that, in its first reported relocation decision since the Supreme Court removed the presumption against relocation in Latimer v. Farmer, […]

 

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