S*0137(Rat #0256, Act #0249 of 2006)  General Bill, By Hayes and Elliott
 AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE
 FAMILY COURT MAY ORDER CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE
 FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO
 DEFINE "DE FACTO CUSTODIAN" AS A PERSON WHO HAS BEEN THE PRIMARY CAREGIVER AND
 FINANCIAL SUPPORTER OF A CHILD WHO HAS RESIDED WITH THAT PERSON FOR SIX MONTHS
 IF THE CHILD IS UNDER THREE YEARS OF AGE AND ONE YEAR IF THE CHILD IS THREE
 YEARS OLD OR OLDER, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OR
 VISITATION OF THE MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN. -
 ratified title

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-149
   01/11/05  Senate Referred to Committee on Judiciary SJ-149
   04/21/05  Senate Polled out of committee Judiciary SJ-8
   04/21/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   04/25/05  Senate Amended SJ-17
   04/25/05  Senate Read second time SJ-17
   04/26/05  Senate Read third time and sent to House SJ-13
   04/27/05  House  Introduced and read first time HJ-6
   04/27/05  House  Referred to Committee on Judiciary HJ-7
   03/01/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   03/02/06         Scrivener's error corrected
   03/08/06  House  Amended HJ-22
   03/08/06  House  Read second time HJ-24
   03/09/06  House  Read third time and returned to Senate with
                     amendments HJ-15
   03/15/06  Senate Concurred in House amendment and enrolled SJ-42
   03/23/06         Ratified R 256
   03/24/06         Signed By Governor
   03/28/06         Copies available
   03/28/06         Effective date 03/24/06
   04/05/06         Act No. 249

(A249, R256, S137)

AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AS A PERSON WHO HAS BEEN THE PRIMARY CAREGIVER AND FINANCIAL SUPPORTER OF A CHILD WHO HAS RESIDED WITH THAT PERSON FOR SIX MONTHS IF THE CHILD IS UNDER THREE YEARS OF AGE AND ONE YEAR IF THE CHILD IS THREE YEARS OLD OR OLDER, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OR VISITATION OF THE MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

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

Family court jurisdiction

SECTION    1.    Section 20-7-420 of the 1976 Code, as last amended by Act 132 of 2005, is further amended by adding the following appropriately numbered subsection to read:

"( )    To order custody of a minor child to the de facto custodian under the circumstances specified in Section 20-7-1540."

De facto custodian of minor child; custody and visitation

SECTION    2.    Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1540.    (A)    For purposes of this section, 'de facto custodian' means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:

(1)    has resided with the person for a period of six months or more if the child is under three years of age; or

(2)    has resided with the person for a period of one year or more if the child is three years of age or older.

Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child must not be included in determining whether the child has resided with the person for the required minimum period.

(B)    A person is not a de facto custodian of a child until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.

(C)    The family court may grant visitation or custody of a child to the de facto custodian if it finds by clear and convincing evidence that the child's natural parents are unfit or that other compelling circumstances exist.

(D)    No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.

(E)    If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 23rd day of March, 2006.

Approved the 24th day of March, 2006.