If I want more time with my kids, do I have to live in the same state or even same school district?

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If I want more time with my kids, do I have to live in the same state or even same school district?

I live in SC and my ex and kids in NC. If I was to attempt to get more time (50/50) would I have to reside in the same state or even the same school district? I want to sell my house and move closer but only if I can get more time.

Asked on October 27, 2010 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would consult with an attorney on this matter.  You want to modify the custody agreement with your ex.  50/50 in what respect?  You may have joint custody as to the decisions that involve their life but one parent may be the custodial parent (the one that they live with most of the time) rather than splitting their time between houses 50/50.  Yes, the closer you live to the children the easier it is for them and for you to see more of each other and the more likely that a judge would order increased parenting time with them.  The courts are not going to put undue hardship on the children.  All decisions are made in the best interest of the child.  Good luck.


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