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Indicates Matter Stricken
Indicates New Matter
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.
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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