Bill 873

                    Current Status

Introducing Body:               Senate
Bill Number:                    873
Primary Sponsor:                Greg Smith
Committee Number:               11
Type of Legislation:            GB
Subject:                        Child custody, deceased
                                parent's wish honored
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       PT/22208AC.94
Introduced Date:                19940111
Last History Body:              Senate
Last History Date:              19940111
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Greg Smith
                                J. Verne Smith
                                Mescher
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

873   Senate  19940111      Introduced, read first time,    11
                            referred to Committee
873   Senate  19931011      Prefiled, referred to           11
                            Committee

PT\22208AC.94 PT\22208AC.94

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-105 SO AS TO PROVIDE A REBUTTABLE PRESUMPTION THAT A PARENT'S TESTAMENTARY PREFERENCE FOR CUSTODY OF A CHILD UPON THE PARENT'S DEATH MUST BE HONORED EXCEPT UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-105. Where one parent of a child who is lawful custodian of that child dies due to a terminal illness, and where that parent in consideration of impending death has designated in a lawful last will and testament preference as to who the custodian of the child should be after the parent's death, a court considering the issue of custody after the parent's death shall apply a rebuttable presumption that the decedent's wishes be honored and incorporated into the court's custody order unless a preponderance of evidence establishes that the:

(1) custodial preference expressed in the will is not in the child's best interests; or

(2) the individual so named as custodian refuses to accept custody of the child. This presumption also applies in a custody action brought before the death of the parent where that parent is under a serious and debilitating physical or mental incapacity due to the terminal illness, and where there is a custodial preference expressed in a valid will."

SECTION 2. This act takes effect upon approval by the Governor.