If you’re a separated or divorced parent living in Columbia, South Carolina and thinking about taking a trip with your kids this summer, it’s important to know your rights and responsibilities under South Carolina custody laws. Whether it’s a quick beach weekend or a family reunion across state lines, taking a trip with your children may seem simple enough, but depending on your custody arrangement, you may need your ex’s permission – or even the court’s.
At Melone Hatley, P.C., our Columbia, South Carolina family law attorneys work with parents who want to enjoy time with their children while staying on the right side of the law. We understand how frustrating it can be to navigate the rules of shared custody, especially when something as simple as a family trip becomes a legal gray area.
Understanding South Carolina Custody Rules
In South Carolina, child custody is divided into two categories – legal custody and physical custody – and these will impact whether you can travel freely with your children.
- Legal custody gives a parent the right to make major decisions for their child, such as education, religious upbringing, and medical care.
- Physical custody refers to where the child lives and who provides daily care.
Before you pack your bags, take a moment to revisit your custody agreement. You may have joint custody, where both parents share these responsibilities, or sole custody, where you are the only parent with these rights. These distinctions matter when travel plans are on the table. If you have joint physical or legal custody, or if your ex has scheduled parenting time during your planned trip, you’ll likely need to coordinate plans or get consent. It doesn’t need to be complicated, but it does need to be addressed.
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Can I Travel Within South Carolina?
South Carolina courts generally allow in-state travel unless your custody order says otherwise. Taking your child to Myrtle Beach for a long weekend or Greenville to visit grandparents is usually fine, especially if you have sole physical custody.
But if you share custody, things can get tricky. Does your trip interfere with your ex’s scheduled parenting time? If so, you’ll need to agree on makeup time or come to an agreement in writing. Flexibility and communication go a long way in preventing misunderstandings, or worse, legal issues.
Always review your custody agreement first. Some orders include specific clauses about how far you can travel or how much notice you will need to give. Even if yours doesn’t, it’s still best to check in with your ex.
What About Out-of-State Travel?
If you’re planning a trip outside of South Carolina, it may require a bit more planning and possible permission.
In many shared custody arrangements in South Carolina, a parent must notify or get written consent from the other parent before taking the child out of state, even for a short trip. If your order is silent on the issue, it’s always good practice to notify your co-parent in writing about your plans anyway. You should include information such as your travel dates, destination, emergency contact information, and how your children will keep in touch.
If you’re concerned that your ex may withhold permission unreasonably, or if they’ve done so in the past, you may need to ask your attorney to get involved or get a court order to prevent conflict. The court will consider whether the trip is in the child’s best interests, how it affects the other parent’s parenting time, and whether it poses any risk to the child’s relationship with your co-parent.
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International Travel: Paperwork, Passports, and Precautions
If you’re planning a trip out of the country, this brings even more rules.
First, you will need a valid passport for your child, which usually requires consent from both parents. Many countries even require notarized letters of permission when one parent is traveling with a child.
Even if your custody order doesn’t specifically limit international travel, some judges recommend getting a court order for peace of mind, especially if there is a history of custody disputes or there are concerns about returning to the United States. While it may feel like extra red tape, it’s worth it to avoid problems at the airport or with a foreign embassy.
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Thinking About Moving This Summer? That’s a Whole Different Matter
Maybe you’re not considering a short trip but something more permanent. Maybe you’ve been offered a new job out of state or want to be closer to family. After all, summer would be the perfect time to move with kids out of school.
Relocating with your kids is not the same as traveling with them, and South Carolina courts treat it very differently. If your move would significantly change your child’s relationship with the other parent, the law requires one of two things: either the other parent’s written consent or court approval. A judge will look at why you want to move, whether the relocation is in the child’s best interests, and what kind of new parenting arrangement can be made.
Relocating without following legal procedures can put your custody arrangement at risk. Even if you have full physical custody, that doesn’t mean you can more freely across state lines. Always speak with a South Carolina family law attorney before making a big relocation decision.
Tips to Keep Travel Smooth (and Conflict-Free)
Traveling with children after a divorce doesn’t have to be stressful. These simple steps can help keep you and your co-parent on the same page:
- Start with your custody order. Know what it says about travel, and follow it closely.
- Give advance notice. Share your travel details with your co-parent, including dates, locations, and how to reach you and the kids.
- Get written agreements. Having agreements in writing prevents misunderstandings later.
- Document your communication. Save messages, just in case you ever need to prove to the court that you acted in good faith.
- Call your attorney if in doubt. If something feels unclear, a quick check-in with legal counsel can save a lot of trouble.
Peace of Mind When Traveling
Co-parenting can be complicated, but your family memories shouldn’t be held hostage by custody confusion. Whether you’re trying to determine whether you need permission or you’re dealing with an uncooperative ex, you don’t have to face it alone.
At Melone Hatley, P.C., our Columbia family law attorneys are dedicated to helping parents find clarity in complicated custody arrangements. We believe family time should be protected, and we’ll help you make sure your plans are both meaningful and legally sound. If you’re ready to take the guesswork out of your summer travel plans, call us at (839) 213 – 4545 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
Schedule a call with one of our client services coordinators today.
