If a married couple divorces, can one parent move far away from the other and take the children?

I’d like to get a divorce but I don’t want my wife to take the kids to the state she grew up in, which is 300 miles away. She has been living here for 8 years and the last 7 have been while married to me. I have been a life-long resident.

Asked on August 14, 2012 under Family Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the event of a marital dissolution whether one custodial parent may take the children from the marriage away from the area where the marriage was depends upon whther or not the court will allow such. Generally, a petition is filed with the court seeking the movement of the children to another area by one of the parents.

Given the circumstances that you are writing about, I suggest that you consult with a family law attorney further for guidance.


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