A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-15-215 SO AS TO ESTABLISH THAT JOINT PHYSICAL CUSTODY IS PRESUMED TO BE IN THE BEST INTEREST OF A MINOR CHILD, WITH EXCEPTIONS; TO DEFINE "JOINT PHYSICAL CUSTODY"; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Article 2, Chapter 15, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-15-215. (A) Upon the petition of either parent for the initial determination of physical custody of a minor child, there is a rebuttable presumption that joint physical custody is in the best interest of a minor child. This presumption may be rebutted by evidence showing that joint physical custody is not in the best interest of the child based on the factors set forth in Section 63-15-240.

    (B) The court shall consider the factors set forth in Section 63-15-240, and shall make written findings of fact and conclusions of law regarding the best interest of the minor child, unless waived by both parties or the parents have stipulated to the terms of an agreement resolving the petition.

    (C) The presumption set forth in subsection (A) is not applicable if the court finds that a parent has a history of committing domestic violence or has a conviction for assault or criminal sexual conduct, creating instead a rebuttable presumption that joint physical custody is not in the best interest of the minor child.

    (D) For purposes of this article, "joint physical custody" means a division of time with the child that is approximately and reasonably equal for each parent, as agreed to by each parent or as ordered by the court.

 

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

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