H 3020 Session 115 (2003-2004)
H 3020 General Bill, By J.E. Smith and Bales
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-1552 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.
12/04/02 House Prefiled
12/04/02 House Referred to Committee on Judiciary
01/14/03 House Introduced and read first time HJ-18
01/14/03 House Referred to Committee on Judiciary HJ-18
H. 3020
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1552 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 20-7-1552. (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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