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Bill 3366

                    Current Status

Bill Number:                      3366
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990127
Primary Sponsor:                  Knotts 
All Sponsors:                     Knotts 
Drafted Document Number:          l:\council\bills\gjk\20176ac99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Mandatory Parenting Plan Act, Minors, 
                                  Child custody; Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990127  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO ENACT THE "MANDATORY PARENTING PLAN ACT" WHICH REQUIRES 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.

Whereas, the General Assembly finds that by requiring parties in an action for custody or visitation to file a parenting plan the State would be assisting these individuals in developing a restructured family which would more likely 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 the child develops in a manner which minimizes the need for future modifications to the parenting plan; and

Whereas, the General Assembly further finds that by setting forth the authority and responsibilities of each party with respect to the minor children, the parties will 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. Now, therefore,

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

SECTION 1. This act may be cited as the "Mandatory Parenting Plan Act".

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-1540. (A) Each party in an action in which 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 must 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, birthdays, 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 including, but not limited to, property division and financial issues or child support, may not be included in 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 must be referred to the court for disposition.

(E) The court may modify or suspend a parenting plan if:

(1) an allegation of domestic violence has been proven;

(2) the parents agree to the modification or suspension;

(3) a parent is unfit, based upon the grounds for termination of parental rights as provided for in Section 20-7-1572; or

(4) one of the parents is geographically removed from 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 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:14 A.M.