H*4348 Session 120 (2013-2014)
H*4348(Rat #0299, Act #0270 of 2014) General Bill, By Lucas, Clemmons,
Southard, Douglas, Allison, Taylor, Felder, Loftis, W.J. McLeod, Pitts,
D.C. Moss and Bales
AN ACT TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION
TO ORDER VISITATION FOR GRANDPARENTS OF MINOR CHILDREN, SO AS TO ELIMINATE
CERTAIN PREREQUISITES TO ORDERING VISITATION, AND TO CLARIFY THAT PARENT MEANS
THE NATURAL OR ADOPTIVE PARENT. - ratified title
12/03/13 House Prefiled
12/03/13 House Referred to Committee on Judiciary
01/14/14 House Introduced and read first time (House Journal-page 42)
01/14/14 House Referred to Committee on Judiciary
(House Journal-page 42)
01/15/14 House Member(s) request name added as sponsor: Taylor
02/26/14 House Member(s) request name added as sponsor: Felder
04/02/14 House Committee report: Favorable Judiciary
(House Journal-page 105)
04/08/14 House Member(s) request name added as sponsor: Loftis,
W.J.McLeod, Pitts
04/08/14 House Requests for debate-Rep(s). Bannister, KR
Crawford, Murphy, Lowe, Merrill, Williams,
Pitts, Munnerlyn, Thayer, WJ McLeod, Bowen,
Hardwick (House Journal-page 18)
04/09/14 House Member(s) request name added as sponsor:
D.C.Moss, Bales
04/09/14 House Requests for debate removed-Rep(s). Merrill,
Munnerlyn, KR Crawford, Thayer, Bowen, Hardwick,
Murphy, Williams (House Journal-page 54)
04/10/14 House Read second time (House Journal-page 71)
04/10/14 House Roll call Yeas-111 Nays-0 (House Journal-page 71)
04/10/14 House Unanimous consent for third reading on next
legislative day (House Journal-page 72)
04/11/14 House Read third time and sent to Senate
(House Journal-page 5)
04/15/14 Senate Introduced and read first time (Senate Journal-page 11)
04/15/14 Senate Referred to Committee on Judiciary
(Senate Journal-page 11)
05/21/14 Senate Committee report: Favorable Judiciary
(Senate Journal-page 15)
05/29/14 Senate Read second time (Senate Journal-page 59)
05/29/14 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 59)
06/04/14 Senate Read third time and enrolled (Senate Journal-page 18)
06/05/14 Ratified R 299
06/09/14 Signed By Governor
06/13/14 Effective date 06/09/14
06/26/14 Act No. 270
H. 4348
(A270, R299, H4348)
AN ACT TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS OF MINOR CHILDREN, SO AS TO ELIMINATE CERTAIN PREREQUISITES TO ORDERING VISITATION, AND TO CLARIFY THAT PARENT MEANS THE NATURAL OR ADOPTIVE PARENT.
Be it enacted by the General Assembly of the State of South Carolina:
Grandparent visitation
SECTION 1. Section 63-3-530(A)(33) of the 1976 Code, as last amended by Act 267 of 2010, is further amended to read:
"(33) to order visitation for the grandparent 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, if the court finds that:
(1) the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and
(2) awarding grandparent visitation would not interfere with the parent-child relationship; and:
(a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or
(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.
The judge presiding over this matter may award attorney's fees and costs to the prevailing party.
For purposes of this item, 'grandparent' means the natural or adoptive parent of a natural or adoptive parent of a minor child."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2014.
Approved the 9th day of June, 2014.
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