H 3981 Session 112 (1997-1998)
H 3981 General Bill, By Neilson, Altman, Battle, Beck, J.G. Felder, Leach, Lee,
Limehouse, Littlejohn, Loftis, Phillips and Sharpe
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.
04/10/97 House Introduced and read first time HJ-94
04/10/97 House Referred to Committee on Judiciary HJ-94
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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