Question Details:I have sole custody of my child. Her father has visitation 4 days per month. I am moving to South Carolina and am wondering if he can stop me from leaving the state with her. I am not sure what my next move is or if I even need to take any further steps other than just telling him that I am going.
Look at your custoday orders. At the very lease, make written arrangements with the father of the child so that he is able to visit the child. Moving is going to complicate things and he might file for modificatio nof custoday issues. You might want to file for modification yourself so that everything is on record.
Unless your custody agreement directly addresses this issue, the parent seeking to move out-of-state with the minor child must request court permission. Additionally, the burden is on the party seeking to move or remove the child and the court will look at the best interests of the child in making such a determination. Each petition will be reviewed by the court on a case by case analysis. There are numerous factors the court must consider in determining whether removal or moving of state ia appropriate. The factors may or may not be given the same amount of weight by the judge and will depend on the particular facts of a case.
Factors in favor of allowing the move would be things such as: likelihood the move will enhance the quality of life for the child; a realistic and reasonable visitation schedule can be reached if the move is allowed, chance to bond with extended family members, and the like.
Factors weighing against such a move would be: the effect of removal on non-custodial parent's time and visitation with the minor child; inability to accomplish a reasonable parenting schedule or visitation schedule; the overall effect of the parent not being in child's life on a day-to-day basis.
The weight given to each unique factor is different in each case. Again, the burden is on the party seeking to remove the child out-of-state; they must demonstrate that the removal is in the best interest of the child.