House Bill H4614


South Carolina General Assembly Bill Information

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 15, TITLE 63 SO AS TO SPECIFY CERTAIN PROCEDURES AND REQUIREMENTS FOR COURT-ORDERED CHILD CUSTODY, INCLUDING, BUT NOT LIMITED TO, DEFINING "JOINT CUSTODY" AND "SOLE CUSTODY", REQUIRING PARENTS TO JOINTLY PREPARE AND SUBMIT A PARENTING PLAN, WHICH THE COURT MUST CONSIDER BEFORE ISSUING TEMPORARY AND FINAL CUSTODY ORDERS; REQUIRING THE COURT TO MAKE FINAL CUSTODY DETERMINATIONS IN THE BEST INTEREST OF THE CHILD BASED UPON THE EVIDENCE PRESENTED, REQUIRING THE COURT TO CONSIDER JOINT CUSTODY IF EITHER PARENT SEEKS IT, STATING FINDINGS OF FACT AS TO WHY OR WHY NOT JOINT CUSTODY WAS AWARDED, PROVIDING MATTERS THAT MAY BE INCLUDED IN A CUSTODY ORDER, PROVIDING FACTORS THE COURT MAY CONSIDER IN ISSUING OR MODIFYING A CUSTODY ORDER WHEN CONSIDERING THE BEST INTEREST OF THE CHILD, AND AUTHORIZING A PARENT TO SEEK ARBITRATION OF AN ISSUE THAT CANNOT BE RESOLVED BETWEEN THE PARENTS; AND TO AMEND SECTION 63-5-30, RELATING TO THE RIGHTS AND DUTIES OF PARENTS TO THEIR CHILDREN, SO AS TO PROVIDE THAT UNLESS OTHERWISE PROVIDED BY AN ORDER OF THE COURT, PARENTS HAVE EQUAL POWERS, RIGHTS, AND DUTIES CONCERNING ALL MATTERS AFFECTING THEIR CHILDREN.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Article 2

Court-Ordered Child Custody

Section 63-15-210.     (A)    As used in this article:

(1)    'Court-approved arbitrator' means a certified mediator or certified arbitrator selected by agreement of the parties or appointed by a family court judge to arbitrate a dispute between parents concerning their child. Court-approved arbitrators may charge an hourly rate as agreed upon by the parties or as set by the chief administrative family court judge for a particular county.

(2)    'Joint custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions. Joint custody does not mean that a child must spend an equal amount of time with each parent.

(3)    'Sole custody' means a person, including but not limited to, a parent who has temporary or permanent custody of a child and, unless otherwise provided for by court order, the rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training. A noncustodial parent may have rights to visitation or parenting time as provided for by court order.

Section 63-15-220.     (A)    At all temporary hearings where custody is an issue, each parent shall prepare, file, and submit to the court a parenting plan which reflects parental preferences, the allocation of parenting time to be spent with each parent, and major decisions including but not limited to the child's education, medical and dental care, extracurricular activities and religious training. The court shall issue temporary and final custody orders only after considering these parenting plans; however, the failure by a party to submit a parenting plan to the court does not preclude the court from issuing a temporary or final custody order.

(B)    At the final hearing, either party may file and submit an updated parenting plan for the court's consideration.

(C)    Court administration shall develop a document on which a parenting plan may be prepared and submitted to the court.

Section 63-15-230.     (A)    The court shall make the final custody determination in the best interest of the child based upon the evidence presented.

(B)    The court may award joint custody to both parents or sole custody to either parent.

(C)    If custody is contested or if either parent seeks an award of joint custody, the court must consider joint custody and shall issue an order containing findings of fact as to why joint custody was or was not awarded.

Section 63-15-240.     (A)    In issuing or modifying an order for custody affecting the rights and responsibilities of the parents, the order may include, but is not limited to:

(1)    the approval of a parenting plan agreed to by the parents;

(2)    the award of sole custody to one parent with appropriate parenting time for the noncustodial parent;

(3)    the award of joint custody in which case the order must include:

(a)    residential arrangements with each parent in accordance with the needs of the child and parents; and

(b)    how consultations and communications between the parents will take place, generally and specifically with regard to major decisions concerning the child's health, medical and dental care, education, extracurricular activities, and religious training;

(4)    other custody arrangements as the court may determine to be in the best interest of the child.

(B)    In issuing or modifying a custody order, the court shall consider the best interest of the child, which may include, but is not limited to:

(1)    the temperament and developmental needs of the child;

(2)    the capacity and the disposition of the parents to understand and meet the needs of the child;

(3)    the preferences of the child;

(4)    the wishes of the parents as to custody;

(5)    the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person who may significantly affect the best interest of the child;

(6)    the willingness of each parent to facilitate and encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders;

(7)    the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;

(8)    the ability of each parent to be actively involved in the life of the child;

(9)    the child's adjustment to his or her home, school, and community environments;

(10)    the stability of the child's existing and proposed residences;

(11)    the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child;

(12)    the child's cultural background;

(13)    whether the child or a sibling of the child has been abused or neglected;

(14)    the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child;

(15)    other factors as the court considers necessary.

Section 63-15-250.    (A)    When a final order is issued awarding joint custody and thereafter the parents are unable to agree on a significant decision concerning the child that does not require a modification of the court order, either parent may seek to have the matter arbitrated by a court-approved arbitrator. The parties shall equally pay the cost of the arbitration; however, the arbitration order may require the prevailing party be reimbursed for all or part of the costs associated with the arbitration.

(B)    The family court retains jurisdiction to modify a joint custody order based on a substantial change of circumstances."

SECTION    2.    Section 63-15-220(C) of the 1976 Code, as added by Section 1 of this Act, is effective 60 days after the approval of the Governor. All other sections and subsections of this act take effect upon approval by the Governor and apply to causes of action arising on or after the effective date of this act.

 

House Bill H4095


South Carolina General Assembly Bill Information

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Section 63-15-45.    (A)    If joint legal custody of a child is awarded to the parents, there is a rebuttable presumption that both parents have joint physical custody of the child. Joint physical custody of the child is defined as equal time-sharing. If a petition is filed challenging joint custody, the burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interest of the child or by one parent waiving the presumption.

(B)    Prior to a hearing on the petition, the court shall require the parents to prepare and submit a parenting plan to the court reflecting parental preferences and agreement on matters of substance concerning the child's education, upbringing, religious training, and medical and dental care. The parents shall share decision-making authority and responsibility for important decisions affecting the child's welfare, and if parents are unable to agree, they shall submit to mediation with a preselected mediator.

(C)    The court shall hold a hearing at which the parties may introduce evidence. The clear and convincing evidentiary standard must be used in determining if the presumption has been overcome and the court in its order shall issue findings of fact and conclusions of law."

SECTION    2.    This act takes effect upon approval by the Governor.



Senate Bill 373

South Carolina General Assembly Bill Information

A BILL

TO AMEND ARTICLE 1, CHAPTER 15, TITLE 63 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING CHILD CUSTODY AND VISITATION, BY ADDING SECTION 63-15-70 TO DEFINE JOINT CUSTODY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The General Assembly finds that:

(1)    Both the mother and the father of a child are endowed with the same inalienable, natural rights to parent, nurture, and raise their minor children.

(2)    Joint custody is a viable option for parents or the courts of South Carolina to select for custody arrangements for minor children.

(3)    Many parents throughout South Carolina utilize joint custody.

(4)    The citizens and courts of South Carolina desire to encourage parents to co-parent their minor children and to cooperate as much as practicable in caring for their minor children.

(5)    A clear definition of joint custody is desirable and necessary.

SECTION    2.    Article 1, Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Section 63-15-70.    Joint custody is a custodial arrangement where both the mother and the father equally share the legal custody and physical custody of a minor child such that each parent begins with equal care giving time with the minor child in any manner or fashion determined to meet the child's needs and best interests. Even if one parent in a joint custody arrangement is designated as primary care giver and the other parent is designated as secondary care giver, each parent has equal weight and voice concerning the minor child that must be considered by the other parent before making major decisions regarding the minor child's educational, extracurricular, athletic, medical, spiritual, and emotional wellbeing. Visitation is not involved in joint custody."

SECTION    3.    This act takes effect upon approval by the Governor.

 




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