Parental Relocation

A change in circumstances affecting the welfare of the child must have occurred subsequent to the entry of the divorce decree or original custody arrangement, and that change must be enough that it substantially affects the interests and welfare of the child, not merely the wishes or convenience of the parties involved. Just as the remarriage of a custodial parent is not, in itself, a substantial change in circumstance which affects the welfare of a child to the extent that a change in custody is warranted, the Court in Latimer specifically stated that relocation is “not alone a sufficient change in circumstances.”

When it comes to ascertaining whether a change in custody and, more specifically, a change of custody due to a relocation, serves the best interests of a child, unlike many other states, South Carolina has not specifically delineated factors to consider in such an analysis. In Latimer, however, without endorsing any particular state’s approach to ascertaining the best interests of a child, the Court did explore factors as laid out by other states, including New York, Pennsylvania, Montana and Florida. By distilling those states’ factors alongside a comprehensive 12-factor test set forth by the New Jersey Supreme Court in Baures v. Lewis, it would seem that eight factors arise for consideration by this Court: