A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-17-80 SO AS TO PROVIDE FOR THE DETERMINATION OF PARENTAL RESPONSIBILITY AND CHILD SUPPORT AND THE CREATION OF A PARENTING PLAN AND TIME-SHARING SCHEDULE FOR A CHILD OF UNMARRIED PARENTS; BY AMENDING SECTION 63-17-10, RELATING TO PATERNITY ACTIONS, SO AS TO MAKE CONFORMING CHANGES; AND  TO AMEND SECTION 63-5-30, RELATING TO RIGHTS AND DUTIES OF PARENTS OF MINOR CHILDREN, SO AS TO PROVIDE THAT AN UNMARRIED MOTHER AND A FATHER WHO HAS ESTABLISHED PATERNITY ARE THE NATURAL GUARDIANS OF THE CHILD.

 

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

 

SECTION 1.  Article 1, Chapter 17, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-17-80.  Regardless of how paternity is established under the provisions of this article, the determination of parental responsibility and child support and the creation of a parenting plan and time-sharing schedule must be established in an action brought pursuant to Section 63-17-10(D). This section may not be construed to prevent the Department of Social Services from establishing child support by an administrative order pursuant to Section 63-17-710.

 

SECTION 2.  Section 63-17-10(D) of the S.C. Code is amended to read:

 

    (D) If an action is brought under this article prior to the birth of a child, all proceedings must be stayed until after the birth of the child except the service of a summons and the taking of depositions or other discovery procedures. After the birth of the child, a parent may request a determination of parental responsibility and child support and for the creation of a parenting plan and time-sharing schedule pursuant to Chapter 15, Title 63.

 

SECTION 3.  Section 63-5-30 of the S.C. Code is amended to read:

 

    Section 63-5-30. (A) The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children;  and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.

    (B) The mother of a child born out of wedlock and a father who has established paternity pursuant to Chapter 17, Title 63, are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents. If a father has not established paternity pursuant to Chapter 17, Title 63, the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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