S 680 Session 112 (1997-1998)
S 0680 General Bill, By M.T. Rose
A BILL TO ENACT THE "MANDATORY PARENTING PLAN ACT," AMENDING CHAPTER 3, TITLE
20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING
SECTION 20-3-165, SO AS TO REQUIRE EACH PARTY IN AN ACTION FOR DIVORCE FROM
THE BONDS OF MATRIMONY OR FOR SEPARATE SUPPORT AND MAINTENANCE OR LEGAL
SEPARATION, WHERE THE CUSTODY, VISITATION OR SUPPORT OF A MINOR CHILD IS AN
ISSUE, TO FILE A PARENTING PLAN WITHIN NINETY DAYS OF FILING THE COMPLAINT.
04/22/97 Senate Introduced and read first time SJ-10
04/22/97 Senate Referred to Committee on Judiciary SJ-10
A BILL
TO ENACT THE "MANDATORY PARENTING PLAN ACT,"
AMENDING CHAPTER 3, TITLE 20, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY
ADDING SECTION 20-3-165, SO AS TO REQUIRE EACH
PARTY IN AN ACTION FOR DIVORCE FROM THE BONDS OF
MATRIMONY OR FOR SEPARATE SUPPORT AND
MAINTENANCE OR LEGAL SEPARATION, WHERE THE
CUSTODY, VISITATION OR SUPPORT OF A MINOR CHILD IS
AN ISSUE, TO FILE A PARENTING PLAN WITHIN NINETY
DAYS OF FILING THE COMPLAINT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act shall be known and may be cited as the
'Mandatory Parenting Plan Act.'
SECTION 2. (A) The General Assembly finds and declares that
by requiring parties in a divorce proceeding to file a parenting plan
the State would be assisting these individuals in developing a
restructured family which would meet the needs of all the members
of the family. The parenting plan would provide for the minor
children's physical care, maintain the minor children's emotional
stability, and provide for the minor children's changing needs as he
or she develops, in a manner which minimizes the need for future
modifications to the parenting plan.
(B) The General Assembly further finds that by setting forth the
authority and responsibilities of each party with respect to the minor
children, the parties would be encouraged to fulfill their parenting
responsibilities through agreements in the parenting plan rather than
by relying on judicial intervention. The General Assembly further
finds that setting forth the responsibilities of the parents would assure
the minor children of frequent and continuing contact with both
parents after the parents have separated or divorced. Furthermore,
participation and cooperation by both parties in the minor children's
activities would minimize the minor children's exposure to harmful
parental conflict and would provide both parties with equal access to
the minor children.
SECTION 3. Chapter 3, Title 20 of the 1976 Code is amended by
adding:
"Section 20-3-165. (A) Each party in an action for divorce from
the bonds of matrimony or for separate support and maintenance or
legal separation, where the custody, visitation or support of a minor
child is an issue, shall file a parenting plan within ninety days of
filing the complaint.
(B) The parenting plan shall determine procedures for the
day-to-day care of the minor child. The plan shall also determine
procedures for transporting the minor child from one parent to the
other parent at the start and conclusion of visitation. Consideration
shall be given to the minor child's age and developmental needs. The
plan shall include a schedule which designates the time the minor
child shall spend with each parent on a weekly basis and on special
occasions including, but not limited to, specified religious and secular
holidays, birthday and vacations. The plan shall specify how major
decisions regarding the minor child's education, health care, and
religious upbringing will be made. Regardless of the allocation of the
decision making in the parenting plan, the parties shall authorize
emergency medical procedures in situations affecting the immediate
health of the child.
(C) The parenting plan shall address only issues regarding
parenting functions. Other issues included, but not limited to,
property division and financial issues or child support, shall be
specifically excluded from the parenting plan.
(D) Within forty-five days from the date the parenting plan was to
be filed, the parties are required to file a mutually agreed upon
parenting plan. If a mutually agreed upon parenting plan cannot be
achieved by the parties, the parties may be referred to mediation. If
a parenting plan cannot be achieved through mediation, the matter
shall be referred to the court for disposition.
(E) The court may modify or suspend a parenting plan when an
allegation of domestic violence has been proven. The court may also
modify or suspend a parenting plan if, after considering the special
circumstances surrounding the case, adherence to the plan would not
be in the best interest of the child. The court shall issue written
findings of fact and an explanation of the reasons for modifying or
suspending the plan.
(F) The court shall make available to each party a 'parenting plan
kit' which shall include a sample parenting plan."
SECTION 4. This act takes effect upon approval by the Governor.
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