Columbus, NC asked in Child Custody and Family Law for South Carolina

Q: In child custody when a court order is needed can I file papers to refute such an order based on the children’s needs?

This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.

Court orders related to children can *always* be modified based on a showing of a substantial and material change of circumstances affecting the child's wellbeing. Whether your circumstances warrant a modification of a prior order involves a lot of details that haven't been provided. You should consult an experienced Family Court attorney about the contents of your prior order, how relocation is likely to affect them, and whether those effects might be considered a "substantial and material change of circumstances."

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