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Bill 3983

                    Current Status

Bill Number:                      3983
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010419
Primary Sponsor:                  Allison
All Sponsors:                     Allison, Sinclair, Simrill, Martin, 
                                  Limehouse, Bales, Barrett, Bingham, J. Brown, 
                                  Cato, Hamilton, Harrell, Harrison, Harvin, 
                                  Hayes, J. Hines, Hinson, Kelley, Kirsh, Leach, 
                                  Lee, Lourie, J.M. Neal, Rivers, Robinson, 
                                  Rodgers, Sandifer, D.C. Smith, Snow, Taylor, 
                                  Thompson, Vaughn, White, Wilder and 
                                  Witherspoon
Drafted Document Number:          l:\council\bills\skb\18364som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Custodial parent to petition court to 
                                  examine noncustodial's record for violence, 
                                  stalking; limit access to minor child


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010419  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT UPON PETITION OF THE CUSTODIAL PARENT, THE COURT MAY EXAMINE A NONCUSTODIAL PARENT'S RECORD FOR CRIMINAL DOMESTIC VIOLENCE, HARASSMENT, AND STALKING IN DECIDING WHETHER TO LIMIT THE NONCUSTODIAL PARENT'S ACCESS TO MINOR CHILDREN'S EDUCATIONAL AND MEDICAL RECORDS AND RIGHT TO PARTICIPATE IN THEIR SCHOOL ACTIVITIES.

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

SECTION    1.        Section 20-7-100 of the 1976 Code, as last amended by Act 421 of 1996, is further amended to read:

    "Section 20-7-100.        The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Upon petition of the custodial parent, the court may examine the noncustodial parent's record for criminal domestic violence, harassment, and stalking and decide whether to limit the noncustodial parent's access to the children's educational and medical records and right to participate in their school activities. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

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

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