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COMMITTEE REPORT
May 23, 2001
S. 64
S. Printed 5/23/01--S.
Read the first time January 10, 2001.
To whom was referred a Bill (S. 64) to amend Section 20-7-100 of the South Carolina Code of Laws, 1976, relating to rights and duties of parents in regard to their minor children, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Page 1, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 20-7-100 of the 1976 Code is amended to read:
"Section 20-7-100. (A) 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. 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.
(B) Unless specifically prohibited by an order of the court, each parent, whether the custodial or noncustodial parent of the child, has the same right to be informed of and to participate in any decision-making process that may effect or result in major financial, medical, or substantial changes involving the minor child.
(1) Major financial, medical, or substantial changes include, but are not limited to, circumstances which require significant additional unforeseen or unplanned expenses for the child's health, education, lifestyle, or other needs.
(2) The noncustodial parent has a right to be informed of and to participate in major financial decisions, particularly when the noncustodial parent may be ordered by the court to be responsible for the expenses incurred by the financial change.
(3) A child may not be denied emergency medical care if one or both parents either cannot be located or do not participate in the decision-making process.
(4) If every reasonable attempt is made to contact a parent at the last address and telephone number provided by that parent, and the parent either cannot be located or does not participate in the decision making process, the parent may not later deny responsibility for expenses based on the lack of participation.
(C) 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 the minor children and the right to participate in their the children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody or legal possession of the child." /
Renumber sections to conform.
Amend title to conform.
WILLIAM MESCHER for Committee.
TO AMEND SECTION 20-7-100 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-100 of the 1976 Code is 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 the same right to be informed of and to participate in any decision making process that may affect major financial or substantial changes involving their minor children unless specifically prohibited by an order of the court. The noncustodial parent has a right to be informed of and to participate in major financial decisions, particularly when the noncustodial parent will be ordered by the court to be responsible for the financial change. 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. 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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