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Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.
Parental kidnapping happens when one parent takes their child without the consent of the other parent.
In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. Most courts will see the child too young to make the decision.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
In South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference.
Although custodial parents have the right to relocate with their minor children within South Carolina without a court order, planning to move out-of-state requires permission from the other parent and a judge. If the noncustodial parent doesn't approve of the potential move, they must ask the court to deny the request.
What should a parent do to stop the other parent from moving away? If your child's other parent wants to move away, taking the child with them, you can apply to the Family Court for a guardianship direction or a Parenting Order or both, preventing the child being moved.
If one parent wants to take a child on an out of state vacation and the other parent will not give permission, then the parties may have to petition the court to settle the matter.
In South Carolina, a custodial parent who wants to move out-of-state with the children must ask a judge for permission. If the other parent objects to the relocation, the court will hold a hearing to determine if the move is in the child's best interests.
In marriage, parents in South Carolina have equal power, rights, and duties regarding their children. However, under South Carolina child custody law, divorce can drastically change that. In addition, if the parents were never married, then custody is solely with the mother unless the father goes to court.