Custody Lawyer in Greenville: Moving Out of State With Kids

If you’ve decided that you want to move either out of the county or out of state, you may need permission from the court to do so. If you have primary custody of your children and you intend on bringing them with you, one of two things must happen. You must either gain the consent of the other parent or have the move approved by the family court. Knowing how difficult this can be, it’s in your best interest to contact a child custody lawyer in Greenville as soon as possible.

Your Child Custody Lawyer in Greenville Needs a Copy of Your Current Custody Lawyer

Before your child custody lawyer in Greenville can do anything, they will need a copy of your current child custody order. If you and the children’s other parent were divorced, then a copy of this child custody order should be in your marital settlement agreement. If, on the other hand, you and the other parent were never together romantically, you may or may not have a court order.

Sometimes, couples who were never married decide to do an informal child custody agreement. This agreement is usually not registered with the court, and it is not notarized. This can work in your favor, or it can work against you. Once you are in front of the family court judge, they’re going to want to know why there is nothing filed with the court. Since the courts look out to protect the best interests of your child and not yourself, this is not something they will take lightly.

The Courts Are Always Reluctant to Let One Parent Move Away with the Children

As you’ve likely found in your initial divorce case, the courts are very reluctant to take the children away from either parent. Even if you have evidence that you are the one who takes care of your children 90% of the time, that doesn’t make much of a difference to the judge. According to the court, and experts, children are always better off when they have access to both parents. If one parent moves more than 10 or 15 miles away from the other, it will certainly cut into the time that children have with the other parent. Your child custody lawyer in Greenville will be hard pressed to submit evidence showing that this move is in the best interest of your children. If you think for a moment that this move is in your best interest and not your kid’s, that’s something you need to reconcile with yourself. If you decide at any point you want to withdraw your motion, your Greenville family lawyer can certainly do that for you.

How Far Away Will Your New Home Be from the Children’s School and Doctor?

Another factor that the judge will take into account is the distance between your current home and the new home you wish to move to. If your new house is only a few blocks or miles away, there’s a much better chance the judge will approve your request. However, if you’re looking to move the children out of their current school district and away from their friends and family, you’ll have a much harder time convincing the judge to find in your favor. Your child custody lawyer in Greenville will do all they can to help move the process along in the right direction. However, the further away you’re looking to move, the lesser the chances are of having your motion granted.

What is the Reason for the Move?

One thing the court will take into account is the reason for the move. If you have been offered a wonderful job that will pay more money and provide your children with a better future, the court may be more sensitive to your request. However, if you were looking because you want a change in your lifestyle or because you want to move to be with a new paramour, the answer will probably be no. It will be very difficult for your child custody lawyer in Greenville to convince the judge that it’s in your children’s best interest to be away from their other parent. This is even harder when the reason for your move is personal and not related to your children’s well-being.

If you are looking to make a move for work purposes, it’s important that you have all the information available for your Greenville family lawyer to review. They will need to put this information in your certification that will accompany your motion to the court. The other parent will have a right to challenge your motion. They may hire a private investigator to find out why you’re really moving. This is why it’s important that you’re up-front and honest with your Greenville family lawyer. The last thing you want to have happen is them be blindsided in the middle of your motion hearing.

Your Greenville Family Lawyer Will Do Their Best to Get Your Motion Granted

If you’re looking to move away from your current home and take your children with you, you will be fighting an uphill battle. There is a good chance that the children’s other parent will challenge this move. Even if you have primary custody at the present time, that doesn’t mean the judge will let you make decisions like this on your own. We suggest you call and speak with one of our Greenville family lawyers as soon as you decide that you want to make the move. We can help you file a motion with the court to have your child custody order modified. We can also petition the court to get an order granting you permission to leave the state with your kids.

It’s important that you understand going in that this will be very difficult to achieve. The courts are very reluctant to let the children only have one parent nearby. They believe that it’s in the best interests of all children to have their father and mother near them at all times. If you’re looking to make a move that’s relatively close to where you currently live, that may not be a problem. However, anytime you are looking to change your children’s school and doctor, the courts are going to step in and intervene. We suggest you call our office as soon as possible to speak with one of our Greenville family lawyers They can get your motion prepared and filed with the court as soon as possible.

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