A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-3-530, RELATING TO COURT-ORDERED GRANDPARENT VISITATION OF A MINOR CHILD, SO AS TO ALLOW COURTS TO ORDER GREAT-GRANDPARENT VISITATION OF A MINOR CHILD IN CERTAIN CIRCUMSTANCES.

 

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

 

SECTION 1.  Section 63-3-530(A)(33) of the S.C. Code is amended to read:

 

    (33) to order visitation for the grandparent or great-grandparent 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, if the court finds that:

           (1)(a) the child's parents or guardians are unreasonably depriving the grandparent or great-grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent or great-grandparent for a period exceeding ninety days;  and

           (2)(b) awarding grandparent visitation or great-grandparent visitation would not interfere with the parent-child relationship;  and:

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

               (b)(ii) 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.

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

    For purposes of this item, "grandparent" means the natural or adoptive parent of a natural or adoptive parent of a minor child, and "great-grandparent" means the natural or adoptive grandparent of a natural or adoptive parent of a minor child.

 

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

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