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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.
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 by clear and convincing evidence that:
(a) the child's parents or guardian are depriving the grandparent of the opportunity to visit with the child; and
(b) it is in the best interest of the child to have visitation with the grandparent.
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.
This web page was last updated on Monday, June 22, 2009 at 2:34 P.M.