South Carolina General Assembly
117th Session, 2007-2008

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H. 3134

STATUS INFORMATION

General Bill
Sponsors: Reps. Weeks, Taylor, Cobb-Hunter, M.A. Pitts and Duncan
Document Path: l:\council\bills\nbd\11065ac07.doc

Introduced in the House on January 9, 2007
Introduced in the Senate on April 19, 2007
Last Amended on April 17, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Child visitation for grandparents

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Judiciary
    1/9/2007  House   Introduced and read first time HJ-73
    1/9/2007  House   Referred to Committee on Judiciary HJ-73
   2/13/2007  House   Member(s) request name added as sponsor: M.A.Pitts
   4/11/2007  House   Committee report: Favorable with amendment Judiciary HJ-4
   4/12/2007  House   Member(s) request name added as sponsor: Duncan
   4/12/2007  House   Requests for debate-Rep(s). Bedingfield HJ-21
   4/17/2007  House   Amended HJ-30
   4/17/2007  House   Read second time HJ-31
   4/18/2007  House   Read third time and sent to Senate HJ-39
   4/19/2007  Senate  Introduced and read first time SJ-9
   4/19/2007  Senate  Referred to Committee on Judiciary SJ-9
   4/20/2007  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006
4/11/2007
4/17/2007

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 17, 2007

H. 3134

Introduced by Reps. Weeks, Taylor, Cobb-Hunter, M.A. Pitts and Duncan

S. Printed 4/17/07--H.

Read the first time January 9, 2007.

            

A BILL

TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.

Amend Title To Conform

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

SECTION    1.    Section 20-7-420(A)(33) of the 1976 Code, as amended by Act 429 of 1994, is further amended to read:

"(33)    To order periods of visitation for the grandparents of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint. To order visitation for the grandparent of a minor child if the court finds that the child's parents or guardians are depriving the grandparent of the opportunity to visit with the child and:

(a)    the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b)    the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

However, this item does not apply to a family in which the parents and child or children reside in the same household.

The judge presiding over this matter shall award attorney's fees and costs to the prevailing party.

For purposes of this item, 'grandparent' means the natural or adoptive parent of any parent to a minor child."

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

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This web page was last updated on Monday, October 10, 2011 at 1:33 P.M.