H 3282 Session 111 (1995-1996)
H 3282 General Bill, By Neilson, Gamble, J.L. Harris, J. Hines, M.F. Jaskwhich,
L.H. Limbaugh, Littlejohn, Lloyd, Mason, D.E. McTeer, J.S. Shissias, Stuart and
C.C. Wells
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 is 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.
01/18/95 House Introduced and read first time HJ-16
01/18/95 House Referred to Committee on Judiciary HJ-16
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 IS 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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