Beaufort Relocation Lawyer
Relocation has become a regular part of society. New relationships, job opportunities, or a need to be close to aging loved ones prompt many people to leave the places where they have lived for years. Unfortunately, if a relocation involves moving children away from their other parent, the situation can become challenging.
If you face the difficult decision of changing residences with your child or your co-parent has notified you of their intention to do so, call a dedicated Beaufort relocation lawyer. Schiller & Hamilton’s child custody attorneys are highly experienced in presenting and defending relocation petitions and could explain your legal options.
Reasons for Beaufort Parents Relocate
In a perfect world, separated or divorced parents would stay in close proximity to one another until their children are fully grown. However, parents must sometimes modify their living situation to accommodate their new circumstances.
Some of the prevailing reasons parents change residences include a career change, a family member becomes sick or disabled, remarriage, or child having a particular educational need best addressed in a different area.
In extreme cases, a parent may seek to relocate due to the abusive behavior of the child’s other parent. Due to the legal complexity of relocation laws, a parent considering changing addresses is well-advised to seek assistance from a capable attorney in Beaufort.
Laws Governing Relocation Cases
One parent moving away can significantly impact the non-relocating parent’s relationship with their child. Accordingly, judges must carefully weigh many factors before allowing a parent to move their child away from their established residence. Some of these include:
- Why a parent desires to relocate
- The child’s relationship with each parent
- How much contact each parent has with their child
- The impact of the move on the child’s relationship with the non-relocating parent
- Whether the relationship between the child and the non-relocating parent can be meaningfully maintained
- The benefits the child may attain as a result of the move
- Whether the relocation will enhance the relocating parent’s situation
- Whether one or both parents can afford the costs associated with long-distance visitation
A judge will also assess whether the moving parent is likely to support and encourage the child’s visitation with the other parent after the move. A seasoned Beaufort relocation attorney is well-versed in the state’s relocation laws and could advocate or defend against a proposed move.
Does Changing Residence Require a Modification of Custody?
While state law does not mandate a custodial change if one parent relocates, the practical effect of moving often dictates a revised parenting plan. Parents must address their child’s new schooling, social environment, and the specifics of visitation after the child has relocated.
To support a custody modification request, the parent seeking the change must prove that there is a material change in circumstances impacting the child. Additionally, the proposed change in custody must serve the child’s best interests because often, the move will constitute a material change affecting the child’s overall well-being.
Essentially, the parent intending to relocate must demonstrate that it is better for the child to move than remain in their current location. This can be challenging, particularly if the non-relocating parent has been highly involved in the child’s life. Because so much is at stake if a child stands to lose day-to-day contact with one parent, residence change cases are best handled by a dedicated attorney in Beaufort.
Seek Guidance from a Beaufort Relocation Attorney Today
While relocating can be exciting for the parent who is moving, it can be heart-wrenching for the parent who is not. Regardless of whether you are changing addresses or not, your primary concern is what is in your child’s best interests.
A dedicated Beaufort relocation lawyer could assist your case and explain your legal options, no matter which side of the dispute you are on. Schiller & Hamilton’s compassionate attorneys regularly argue these types of cases in family court and have the experience needed to resolve your matter favorably. Call now to learn more.