Disclaimer


  • The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state. Despite the foregoing, this material could be considered to be ADVERTISING MATERIAL. The responsible party for this blog is Robert R. Hagy, II Esq., an attorney licensed to practice law in Virginia, of the Law Offices of Rob Hagy, P.C., whose address is 154 Hansen Rd., Suite 202-B, Charlottesville, Virginia 22911.

Twitter Updates

    follow me on Twitter

    Mom Can’t Move Kids Away Without Court Consent.

    A mother who wanted to move her kids 90 minutes from their father, who shared joint custody, couldn’t do so without the court reviewing the children’s best interests, a South Carolina appeals court recently ruled.

    The couple divorced in June 2014 and had joint legal custody and joint week-to-week physical custody of their two children. Neither parent paid child support, although the mother, who apparently earned more money, provided medical insurance and childcare costs. The order also barred either parent from having their children overnight in the presence of members of the opposite sex. 

    A year after the divorce the mother moved to Columbia, S.C., with the children and got a temporary court order granting her physical custody, finding that the move was for legitimate purposes and that she would be able to make more money in a new job there.

    But the Court of Appeals reversed, finding that the move constituted a “substantial change in circumstances” that required the court to first determine if the move was in the children’s best interests.

    As the court pointed out, both parents had loving relationships with the children and while the move was supposed to financially benefit the children, this ultimately didn’t occur when the mother  didn’t return to her new job after a medical leave. Additionally, a court-appointed representative noted out that the mother had overnight visits with her boyfriend in the kids’ presence, counter to the initial order, which called into question whether the move was actually in their best interests. Further, relocation made compliance with the original order impossible, the court said.

    The law may differ from state to state. If relocation is an issue between you and your ex-spouse, talk to an attorney near you.


    November 21, 2022

    October 03, 2022

    June 02, 2022

    October 28, 2021

    October 20, 2020

    May 19, 2020

    March 13, 2016

    August 13, 2014

    March 18, 2014

    March 17, 2014

    Categories

    Important Laws Affecting Family Law Matters

    • Virginia Code Section 20-107.3
      This provision of Virginia law governs the manner and rules for dividing martial property upon divorce.
    • Virginia Code Section 20-108.2
      This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
    • Virginia Code Section 20-124.3
      This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.

    Child Support Calculator