legal






 

Question by  spragoo (1500)

What are the South Carolina custody laws?

I am moving to SC.

 
+8

Answer by  patti (29325)

The custody determination currently in place will stand, even if you move to SC. If you share custody, you will be responsible for all expenses of transporting the children to the other parent for visitation and whatever is necessary to meet the custody agreement. The other parent can dispute the move if it impedes custody or visitation.

 
+7

Answer by  mb (5482)

The custody laws of South Carolina are the same as the other 50 states. The biological parents are responsible for their children until the age of 18. In the case of a divorce with minor children the judge assigns custody and parental rights and responsiblities. These are binding even if you move to another state.

 
+6

Answer by  brooke51 (12)

In South Carolina, there is legal, physical, sole and joint custody. If you're hoping to change your custody after moving to South Carolina, you should know that in South Carolina there is no set age a child can choose which parent to live with, however, a child's wishes are taken into consideration depending on age, maturity, and experience.

 
+6

Answer by  Dean (4035)

You cannot relocate children and then petition for custody; it must be granted in the jurisdiction of residence BEFORE relocation.Courts are eager to arrange custody that gives children access to both parents, which is every child's right. No court supports the elimination of one parent from a child's life in order to satisfy the other parent's desire for revenge.

 
+6

Answer by  Dean (4035)

If you are referring to child custody, the court determines custody if the parents are unable to come to an agreement. Joint custody is preferred. Custody should be determined before relocation.

 
+5

Answer by  mv (12)

There is no bright line rule to custody in South Carolina or in other states. In determining custody, the Court will analyze what is in the best interest of the children. The Court may appoint a third party to interview the parents and the children and provide a recommendation to the Court.

 
+5

Answer by  patti (29325)

If you have custody of your children, you cannot relocate without permission from the other parent and/or the court. South Carolina has nothing to do with it.

 
+5

Answer by  mammakat (11147)

There are websites that can tell you the bare bones of these laws, however, you need to take your situation into account. You can consult an attorney, usually, free for one time only. You don't want to be unclear about this. Ask your court for an advocate who can guide you through this, or consult your Legal Aid.

 
+4

Answer by  Kath (1537)

The courts must consider the best interest of the child, and the child's preference for custody. Weight is place on the preference depending on the child's are, judgement and the ability to express the reasons.

 
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