South Carolina Legislature


 

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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  HouseNext  Prefiled
   12/03/13  PreviousHouseNext  Referred to Committee on Judiciary
   01/14/14  PreviousHouseNext  Introduced and read first time (PreviousHouseNext Journal-page 42)
   01/14/14  PreviousHouseNext  Referred to Committee on Judiciary
                     (PreviousHouseNext Journal-page 42)
   01/15/14  PreviousHouseNext  Member(s) request name added as sponsor: Taylor
   02/26/14  PreviousHouseNext  Member(s) request name added as sponsor: Felder
   04/02/14  PreviousHouseNext  Committee report: Favorable Judiciary
                     (PreviousHouseNext Journal-page 105)
   04/08/14  PreviousHouseNext  Member(s) request name added as sponsor: Loftis,
                     W.J.McLeod, Pitts
   04/08/14  PreviousHouseNext  Requests for debate-Rep(s). Bannister, KR
                     Crawford, Murphy, Lowe, Merrill, Williams,
                     Pitts, Munnerlyn, Thayer, WJ McLeod, Bowen,
                     Hardwick (PreviousHouseNext Journal-page 18)
   04/09/14  PreviousHouseNext  Member(s) request name added as sponsor:
                     D.C.Moss, Bales
   04/09/14  PreviousHouseNext  Requests for debate removed-Rep(s). Merrill,
                     Munnerlyn, KR Crawford, Thayer, Bowen, Hardwick,
                     Murphy, Williams (PreviousHouseNext Journal-page 54)
   04/10/14  PreviousHouseNext  Read second time (PreviousHouseNext Journal-page 71)
   04/10/14  PreviousHouseNext  Roll call Yeas-111  Nays-0 (PreviousHouseNext Journal-page 71)
   04/10/14  PreviousHouseNext  Unanimous consent for third reading on next
                     legislative day (PreviousHouseNext Journal-page 72)
   04/11/14  PreviousHouseNext  Read third time and sent to Senate
                     (PreviousHouse 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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