Child custody arrangements can be complex, especially when one parent wants to relocate out of state. In South Carolina, if your ex shares joint custody with you, they cannot just “up and leave” without legal repercussions. If they do, they risk being in contempt of court. In this blog post, we’ll explore what happens when a parent tries to relocate without modifying the custody agreement, and we’ll also address other common child custody topics such as tax claims, mediation, and attorney fees.

Watch Family Law Attorney Emily Johnston explain this topic in our latest video:

Can a Parent Move Out of State with Joint Custody?

In South Carolina, if both parents share joint custody of their children, one parent cannot move out of state without modifying the court-ordered custody agreement. If your ex attempts to move without following proper legal procedures, they could face serious legal consequences for violating the custody order.

For example, if your custody arrangement allows for shared parenting time (such as alternating weekends), it would be impossible to maintain that schedule if one parent moves to another state. Before a relocation can occur, the court order must be revised to reflect the new circumstances. Failure to do so could result in the moving parent being held in contempt of court, potentially impacting their custody rights.

Who Claims the Child on Taxes with 50/50 Custody?

In situations where parents share 50/50 custody of their child, determining who gets to claim the child as a dependent for tax purposes can be tricky. Generally, the custodial parent—defined as the parent with whom the child spends the most time—is entitled to gets to claim the child on taxes. If the custody is truly equal, parents may alternate years for claiming the child or agree on who will take the tax benefits.

It’s essential to have clear communication and agreement on this topic. If necessary, consult your custody agreement or discuss it during mediation to avoid future disputes.

What Not to Say in Child Custody Mediation

Child custody mediation is a critical opportunity to work out an agreement without going to court. However, how you present yourself and communicate during mediation can have a significant impact on the outcome. Here are some things you should avoid saying during mediation:

• Negative remarks about the other parent: Focus on your child’s well-being rather than attacking your ex.
• Refusal to compromise: Being unwilling to negotiate will hinder the process.
• Assumptions about winning custody: Avoid making bold declarations like “I’m going to win this case” or dismissing the mediator’s suggestions.

It’s essential to stay calm, respectful, and child-focused during mediation. Approaching it with an open mind increases the chances of reaching an agreement that works for both parties and benefits the children.

Who Pays Attorney Fees in Child Custody Cases?

In most child custody cases, each party is responsible for paying their own attorney fees. However, there are circumstances where the court may order one parent to pay the other’s legal fees. This decision is based on factors such as the financial disparity between the parents, bad behavior during the case (such as unnecessarily prolonging the litigation), or if one party was forced to take legal action to protect his/her  their rights.

Consulting a family law attorney will help you understand if attorney fees might be an issue in your case.

How to Have a Successful Child Custody Mediation

A successful child custody mediation isn’t just about securing more parenting time—it’s about reaching an agreement that benefits your child and maintains healthy relationships. Here are some strategies to help you succeed:

• Be prepared: Know your goals, but also be flexible with your demands.
• Focus on the child’s best interests: Courts and mediators prioritize the child’s well-being. Make sure your proposals focus on their needs, not your grievances with your ex.
• Stay calm and composed: Emotional outbursts can hurt your credibility. Remain respectful, listen carefully, and respond thoughtfully.
• Document your case: Bring relevant documentation, such as a proposed parenting plan, schedules, and evidence of your involvement in the child’s life.

Successful mediation can help you avoid the stress and cost of a court battle, so approach it with care and focus on creating a solution that works for your family.

Additional Topics to Consider

1. Modifying a Custody Agreement Post-Divorce
   Life circumstances can change after a divorce, and you may need to modify the custody arrangement. Whether due to a relocation, job changes, or a shift in the child’s needs, it’s essential to petition the court for a modification in most circumstances rather than making informal changes on your own.
2. Visitation Rights for Non-Custodial Parents
   Even if you don’t have physical custody, you still have rights as a parent. Visitation schedules should allow for meaningful time with your child, and both parents are expected to honor the agreed-upon arrangements. If visitation rights are being violated, legal action may be necessary.
3. Protecting Your Parental Rights
   In some cases, one parent may attempt to undermine the other’s parental rights by withholding visitation, making false accusations, or otherwise creating obstacles. Protecting your parental rights is crucial in ensuring a healthy relationship with your child. Always consult with a family law attorney if you believe your rights are being violated.

Johnston Family Law – Family Law Attorneys in Mt. Pleasant, South Carolina

At Johnston Family Law, we understand the complexities and emotional challenges that come with child custody cases. Whether you’re navigating relocation issues, child custody mediation, or post-divorce modifications, our experienced team is here to help. We work with parents to protect their rights and ensure that they are able to achieve the custody agreements they believe serve the best interests of their children.

For more information about our Mount Pleasant Child Custody Attorneys or if you’re looking for legal assistance with child custody matters, fill out the form below.