South Carolina General Assembly
115th Session, 2003-2004

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Indicates New Matter

H. 3020

STATUS INFORMATION

General Bill
Sponsors: Reps. J.E. Smith and Bales
Document Path: l:\council\bills\nbd\11008ac03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Child custody, best interest of child to be guiding principle and strive for equal time between parents

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-18
   1/14/2003  House   Referred to Committee on Judiciary HJ-18

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1552 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD IS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.

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

SECTION    1.    The 1976 Code is amended by adding:

"Section 20-7-1552.    (A)    In an action in which child custody or visitation is in dispute the best interests of the child is the overriding principle the court must be guided by in resolving these disputes. Unless a parent is found to be unfit or is geographically removed from the child, the best interests of the child are considered to be served when the order of the court equally promotes and encourages the ongoing development and enhancement of the child's relationship with each parent.

(B)    In awarding custody and granting visitation the court must strive to equalize the time the child spends with each parent and to equalize and promote opportunities for each parent to be informed of and involved in activities in the child's life both in and out of school.

(C)    Nothing in this section requires an award of joint or divided custody, and visitation awarded in accordance with this section may not be construed as joint or divided custody."

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

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