Current Status Bill Number:1204 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980421 Primary Sponsor:Lander All Sponsors:Lander and Giese Drafted Document Number:jud9068.jal Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Grandparent visitation, family court, child custody, Minors, Domestic Relations, best interests of child
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980421 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976. RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO ORDER PERIODS OF VISITATION WITH THE GRANDPARENTS WHEN IT IS WITHIN THE BEST INTERESTS OF THE CHILD; TO ADD SECTION 20-7-1515, SO AS TO PROVIDE WHEN A CHILD IS RESIDING WITH A GRANDPARENT IN A STABLE RELATIONSHIP, THE COURT MAY RECOGNIZE THAT THE GRANDPARENT HAS THE SAME STANDING AS A PARENT WHEN EVALUATING CUSTODY ARRANGEMENTS AND TAKE INTO ACCOUNT THE CHILD'S PREFERENCE CONCERNING CUSTODY; AND TO ADD SECTION 20-7-1556, SO AS TO AUTHORIZE A COURT TO AWARD A GRANDPARENT VISITATION RIGHTS WITH A MINOR CHILD IF IT IS WITHIN THE CHILD'S BEST INTERESTS AND TO PROVIDE THAT A GRANDPARENT SHALL HAVE LEGAL STANDING TO ENFORCE AN AWARD OF VISITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-420(33) of the 1976 Code is amended to read:
"(33) To order periods of visitation for the grandparents of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint."
SECTION 2. Subarticle 1, Article 11 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1515. In any case where a child is residing with a grandparent in a stable relationship, regardless of whether or not the court has awarded custody to the grandparent, the court may recognize that the grandparent has the same standing as a parent when evaluating what custody arrangements are in the best interests of the child. In determining the best interests of the child, the court must consider the child's reasonable preference for custody if the court determines the child to be of sufficient intelligence, understanding, and experience to express a preference."
SECTION 3. Subarticle 2, Article 11 of Chapter 7 of Title 20 is amended by adding:
"Section 20-7-1556. The court may award grandparent visitation rights with a minor child if it is in the child's best interests. A grandparent shall have legal standing to enforce an award of visitation."
SECTION 4. This act takes effect upon approval by the Governor.