2019 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 15 - Child Custody And Visitation
Section 63-15-514. Form of agreement.
(A) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
(B) An agreement under subsection (A) must be:
(1) in writing; and
(2) signed by both parents and any nonparent to whom custodial responsibility is granted.
(C) An agreement under subsection (A), if feasible, must:
(1) identify to the extent feasible the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent, if applicable;
(3) specify a decision-making authority that accompanies a grant of caretaking authority;
(4) specify any grant of limited contact to a nonparent;
(5) if the agreement shares custodial responsibility between the other parent and a nonparent or between two nonparents, provide a process to resolve any dispute that may arise;
(6) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child; any role to be played by the other parent in facilitating the contact; and allocation of any costs of communications;
(7) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8) acknowledge that any party's existing child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9) provide that the agreement terminates following the deploying parent's return from deployment according to the procedures in Subarticle 4; and
(10) if the agreement must be filed pursuant to Section 63-15-522, specify which parent shall file the agreement.
(D) The omission of an item in subsection (C) does not invalidate an agreement entered into pursuant to this section.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
