South Carolina General Assembly
119th Session, 2011-2012

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H. 3225

STATUS INFORMATION

General Bill
Sponsors: Reps. Allison, Brannon, Taylor, G.R. Smith, Daning, Hixon, Long, Brady, Patrick, Bikas, King, Williams, Owens, Pinson, Simrill, Edge, Weeks, Pitts and Loftis
Document Path: l:\council\bills\agm\18227ab11.docx

Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary

Summary: Child custody

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/14/2010  House   Prefiled
  12/14/2010  House   Referred to Committee on Judiciary
   1/11/2011  House   Introduced and read first time (House Journal-page 89)
   1/11/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 89)
   1/12/2011  House   Member(s) request name added as sponsor: Long, Brady
   1/19/2011  House   Member(s) request name added as sponsor: Patrick
   1/25/2011  House   Member(s) request name added as sponsor: Bikas, King, 
                        Williams, Owens, Pinson, Simrill, Edge
   1/27/2011  House   Member(s) request name added as sponsor: Weeks
   2/23/2011  House   Member(s) request name added as sponsor: Pitts
   1/31/2012  House   Member(s) request name added as sponsor: Loftis

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/14/2010

(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 63-15-35 SO AS TO PROVIDE THAT IN DETERMINING THE BEST INTERESTS OF A MINOR CHILD FOR AN AWARD OF CHILD CUSTODY, THE FAMILY COURT SHALL CONSIDER THE GRANDPARENTS AND IMMEDIATE FAMILY MEMBERS OF THE CHILD FOR CUSTODY AND GIVE PRIORITY FOR CUSTODY TO A GRANDPARENT OR IMMEDIATE FAMILY MEMBER EXCEPT OVER A PARENT OF THE CHILD, AND TO PROVIDE THAT IN CONSIDERING PLACEMENT OF A CHILD WITH A GRANDPARENT OR IMMEDIATE FAMILY MEMBER, THE COURT MUST CONSIDER THE RELATIVE CAPABILITY OF THE INDIVIDUAL TO CARE FOR THE CHILD, INCLUDING THE CHARACTER, FITNESS, ATTITUDE, AND INCLINATIONS OF THE INDIVIDUAL AS THEY WOULD IMPACT THE CHILD, IN ADDITION TO THE TOTALITY OF THE CIRCUMSTANCES.

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 63-15-35.    In determining the best interests of the child, the family court shall consider the grandparents and immediate family members of the child for custody and give priority for custody to a grandparent or immediate family member except over a parent of the child. In considering placement of a child with a grandparent or immediate family member, the court must consider the relative capability of the individual to care for the child, including the character, fitness, attitude, and inclinations of the individual as they would impact the child, in addition to the totality of the circumstances."

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

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