South Carolina General Assembly
109th Session, 1991-1992

Bill 1339


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1339
Primary Sponsor:                Macaulay
Committee Number:               11
Type of Legislation:            GB
Subject:                        Child custody order, physical
                                control
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       BR1/1988.AC
Introduced Date:                Feb 27, 1992
Last History Body:              Senate
Last History Date:              Feb 27, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Macaulay
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1339  Senate  Feb 27, 1992  Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE THAT WHEN AN ACTION HAS BEEN COMMENCED IN FAMILY COURT IN WHICH CHILD CUSTODY IS IN ISSUE THE PARENT WHO HAS PHYSICAL CONTROL OF THE CHILD WHEN THE ACTION WAS COMMENCED HAS CUSTODY OF THE CHILD PENDING A COURT ORDER.

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

SECTION 1. Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1530. When an action has been commenced in family court in which child custody is in issue, the parent who has physical control of the child at the time the action was commenced has custody of the child pending an order of the court, unless the child comes into the custody of the South Carolina Department of Social Services pursuant to Section 20-7-610 or 20-7-736. For purposes of this section, child custody is in issue in an action when pleadings or motions seeking temporary or permanent custody of a child are filed.

The custody status directed by this section is without prejudice to any party's claim for custody in the action."

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

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