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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My son is in the millitary and he is getting married in August.

Customer Question

My son is in the millitary and he is getting married in August. His wife tone has a daughter from a previous boyfriend. At the end of the year he is changing stations from SouthCarolina to Louisiana. What do the need to do, in order for her to take her 3 year old? Theex pays child support,and has visitation
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What state is the child support and visitation order issued from?
2. What state does the father live in?
3. Will the father agree to let her take the 3 year old to Louisiana?

Doug

Customer: replied 1 year ago.

The state is South Carolina. He also lives in South Carolina, and he does not agree with the move.

Expert:  LawTalk replied 1 year ago.

Thank you for the additional information,

Your son's fiancé will need to file a Motion in the SC family law court where the other orders were issued and seek permission to relocate to another state with her child.
The court will determine whether the move is in the best interests of her child. And I have to say that if she is married by the time she goes to court---this will make it much more likely that she will be granted the right to take her child out of state---to go with her new husband.

Some of the issues the court looks at when a parent seeks permission to relocate out of state with their children are as follows:

1. Whether the move would result in a better quality of life the children
2. The extent to which the remaining parent exercises visitation rights with the children.
3. Whether that parent is willing to allow their children to spend longer, though less frequent, visits with the other parent, if the court approves the relocation.
4. Whether the child will be in close proximity to extended family members at the new location.
5. The quality of education and the quality of life the child would have access to at the new location.
6. That the relocating parent is prepared to pay for the increased expenses associated with the children’s traveling to and from visits with the other parent.
7. And, that the relocation is not simply an attempt to limit the other parent’s time with the children as some sort of punishment or attempt to be controlling.
8. Always, the primary consideration for the court is whether the move would be in the best interests of the children.


When the judge grants the move, she will also have to have a new child visitation schedule ordered by the court---which will result in less frequent visits by the father, but longer visits.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug



LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Can she file this petition herself, or does she have to do this through a lawyer?

Thank you!
Expert:  LawTalk replied 1 year ago.

She can file it herself.

Let her read the following:

You would be MUCH better off having a local family law attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library.Ask the law librarian to show you where the books on Pleading and Practice are located.Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation.While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive.Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be.Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.


Thanks again.

Have a great day,

Doug

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