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  1. #1
    Join Date
    Dec 2008
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    2

    Default Leaving the State Right After Filing for Divorce and Custody

    My question involves a child custody case from the State of: South Carolina

    My best friend and his wife have a 10-month old son, who they have both been caring for since his birth. They have been married for a while, but my friend is not happy and wants to ask for a divorce. He also wants to try and get custody of their son, and feels that he would the better caretaker because of her current unemployment status and his earnings of over 100K a year.

    The problem is that he wants to move out of state, to try for a job in a better place than where they are now, where there would also be better educational opportunities for their son. However, he knows that there are restrictions with doing so for a certain time after he has filed.

    Does anyone know anything more about this in SC, or has known anyone who has been in this situation?

    Thanks.

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Leaving the State Right After Filing for Divorce and Custody

    Quote Quoting ESaunders
    View Post
    My question involves a child custody case from the State of: South Carolina

    My best friend and his wife have a 10-month old son, who they have both been caring for since his birth. They have been married for a while, but my friend is not happy and wants to ask for a divorce. He also wants to try and get custody of their son, and feels that he would the better caretaker because of her current unemployment status and his earnings of over 100K a year.

    The problem is that he wants to move out of state, to try for a job in a better place than where they are now, where there would also be better educational opportunities for their son. However, he knows that there are restrictions with doing so for a certain time after he has filed.

    Does anyone know anything more about this in SC, or has known anyone who has been in this situation?

    Thanks.
    Employment status carries very little if any weight in court in regards to custody. Who has been the primary caretaker of the child?

    His wanting to move out of state with the child is even more of a problem. He doesn't even have a job yet out of state and wants to uproot the child from his/her mother.

    He can try to get joint custody, but with moving out of state, it is not likely that he will be the custodial parent.

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Leaving the State Right After Filing for Divorce and Custody

    He has online and freelancing positions that allow him to be employed anywhere. So the employment isn't an issue for him.

    She is a graduated medical student who still hasn't obtained a residency.

    Since they are both home all the time, they have both been caring for their son. They are still married and while his wife knows he is unhappy, he has not yet asked for a divorce. He is just doing some preliminary research and I am curious, too.

    If he stayed within a reasonable distance for the amount of time necessary, would he be able to apply for a move as custodial parent later? Alternatively, what if he gets custody and she gets a residency out of state?

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