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TruthFinder, Legal Researcher
Category: Family Law
Satisfied Customers: 2293
Experience:  Work with legal professionals & families to resolve legal issues in all states.
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How do I petition the court to allow me to move from SC to

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How do I petition the court to allow me to move from SC to CA with my 3 children?
Is there a court ordered custody agreement? If so, then you would have to file for a modification hearing to adjust the status of it. However, if the non-custodial parent is the one wanting the move to take place you would not have a problem moving with them as he is aware of the move and obviously agrees to it. To file for a modification hearing, you will need to contact the court that originally order the custody agreement and get the paperwork from them to file a motion for a modification hearing for child custody. If the order was issued in SC then that would be where you file for the modification. But to simply move, you do not need the courts ok as long as the other parent agrees....unless it is a stipulation in the court order that states you can not move without the courts permission.
Customer: replied 9 years ago.
Reply to truthfinder's Post: There is an existing custody agreement, but it doesn't address my moving to another state. However, I moved to California & took my kids with me 3 months ago. My ex filed for custody, unless we moved back to Beaufort, SC, in which case, he will allow me to keep custody. I don't have the money for an attorney. Can I file for a modification myself, and if so, how?

Yes you can. I am confused on where you are now and where the original order was heard. If you can tell me where the original order was issued from I can send you the information you need to file.

As far as your moving, if you have full custody you can move without the courts permission, but if it is joint custody if you leave the state without telling the non-custodial parent or without their consent you can be charged with custodial interference or kidnapping. In your situation as it is now that would not happen since it is what the father wants anyway.

Customer: replied 9 years ago.
I think at some point I didn't make it clear that I did move to CA to live with my current husband & father of the child that I am now 4 months pregnant with. And that after being in CA for only one month, my ex-husband petitioned the court for custody of my girls unless I moved back to Beaufort,SC...which I immediately did so as not to risk losing my 3 girls (ages 8, 9 & 13). The Guardian of the court advised that I do such, but all of my girls want to live in CA with me & my new husband. I can't afford an attny.but my husband barely overqualifies for legalaid. I need to know how to petition the judge to allow me to take my girls & move to CA. All court regarding divorce & custody took place in Beaufort,SC. Please advise with how I can ask this of the courts.

Ok....I was under the impression you were moving to South Carolina....nevermind that ;-)

You will want to petition the court for a modification hearing to be able to move & live in California with the girls, correct? Now, just so you know this is probably going to be a costly agreement for you to make with the court because if you are choosing to live in California you will normally have to be willing to pay the costs of getting the girls to their father for visitations...that would mean you would have to pay for airfare or whatever travel to get them there and back to you.

As far as HOW to petition the court or what to file, you will file for a modification of custody hearing. This will give you and their father the opportunity to speak with the court and ask that the court rule on where the children can live, who will have full, joint, or legal custody, what child support will be paid, if any, and what will be paid for transportation, etc. To do this, you will file in the South Carolina courts but I am not finding this form available online. I suggest contacting the Clerk of Court for that county HERE to see if they have these available in their office.

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