South Carolina General Assembly
115th Session, 2003-2004

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H. 3587

STATUS INFORMATION

General Bill
Sponsors: Rep. Rhoad
Document Path: l:\council\bills\nbd\11188ac03.doc

Introduced in the House on February 12, 2003
Currently residing in the House Committee on Judiciary

Summary: Child custody and visitation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/12/2003  House   Introduced and read first time HJ-5
   2/12/2003  House   Referred to Committee on Judiciary HJ-5
    4/9/2003  House   Committee report: Favorable with amendment Judiciary HJ-8
   4/10/2003  House   Requests for debate-Rep(s). Lucas, JH Neal, GM Smith, 
                        Weeks, Mack and Sheheen HJ-22
   4/11/2003          Scrivener's error corrected
   4/23/2003  House   Debate adjourned until Thursday, April 24, 2003 HJ-57
   4/24/2003  House   Recommitted to Committee on Judiciary HJ-61

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/12/2003
4/9/2003
4/11/2003

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

COMMITTEE REPORT

April 9, 2003

H. 3587

Introduced by Rep. Rhoad

S. Printed 4/9/03--H.    [SEC 4/11/03 10:01 AM]

Read the first time February 12, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3587) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-1550 so as to provide that in proceedings in which child custody and visitation, etc., respectfully

REPORT:

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, by striking all after the enacting words and inserting:

/SECTION    1. The 1976 Code is amended by adding:

"Section 20-7-1550.    In an action in which child custody or visitation is in dispute, there is a rebuttable presumption that joint custody is in the best interest of the child. However, the judge may designate one parent as the primary caregiver and the other parent as the secondary caregiver."

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

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.

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

SECTION    1.    The 1976 Code is amended by adding:

"Section 20-7-1550.    In an action in which child custody or visitation is in dispute, there is a presumption that joint custody is in the best interest of the child. Absent written findings of fact that a parent is unfit, based upon grounds for termination of parental rights provided for in Section 20-7-1572, or that a parent is geographically removed from the child, the court shall order joint custody with equal time to be spent with each parent. The court's order also must equalize and promote opportunities for each parent to be informed of and involved in activities in the child's life in and out of school."

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

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