Full question:
My wife and i have been separated and are in the process of divorce. She moved to Ohio to our second house when we were separated. I have been asking her to come back to South Carolina for several months, and she now has enrolled our five year old in school in Ohio. I own a large company based in South Carolina and am very busy. I don't know how I'm gonna see my children. Can I sue her to get her back in South Carolina?
- Category: Divorce
- Subcategory: Where to File
- Date:
- State: South Carolina
Answer:
During divorce proceedings, it is common for parents to live in the same area. However, sometimes one parent moves after separation or divorce, which can create issues regarding child custody and visitation.
If your wife has physical custody of your child and decides to move, the court may need to intervene if you protest her move. In most states, including South Carolina, the court will consider several factors when determining whether the custodial parent can relocate:
- Will the move enhance the child's education or community?
- Is the custodial parent's motive to harm the non-custodial parent?
- Is the non-custodial parent's resistance to the move motivated by a desire to harm the custodial parent?
- Can the non-custodial parent maintain significant contact with the child after the move?
- What has been the nature of the non-custodial parent's relationship with the child?
In cases where relocation is denied, a common theme is that the non-custodial parent has been actively involved in the child's life, consistently attending visitations and maintaining a supportive relationship. The court will also consider the impact on the child's relationships with grandparents and other important figures in their life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.