South Carolina Legislature


 

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H 4348
Session 110 (1993-1994) 

H 4348 General Bill, By Neilson and Inabinett
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-7-1550 so as to provide that the best interests of the child as the guiding
 principle in resolving child custody and visitation disputes, to provide that
 the best interests of the child are served when the child's relationship with
 each parent is equally promoted and encouraged, to provide that the court must
 strive to equalize each parent's time with and opportunities to be involved in
 the child's life, and to provide that joint custody is not required by this
 Section nor may visitation awarded in accordance with this Section be
 construed as joint custody.

   12/01/93  House  Prefiled
   12/01/93  House  Referred to Committee on Judiciary
   01/11/94  House  Introduced and read first time HJ-25
   01/11/94  House  Referred to Committee on Judiciary HJ-26



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD AS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1550. (A) In an action in which child custody or visitation is in dispute the best interests of the child is the overriding principle the court must be guided by in resolving these disputes. Unless a parent is found to be unfit or is geographically removed from the child, the best interests of the child are considered to be served when the order of the court equally promotes and encourages the ongoing development and enhancement of the child's relationship with each parent.

(B) In awarding custody and granting visitation the court must strive to equalize the time the child spends with each parent and to equalize and promote opportunities for each parent to be informed of and involved in activities in the child's life both in and out of school.

(C) Nothing in this section requires an award of joint or divided custody and visitation awarded in accordance with this section may not be construed as joint or divided custody."

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

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