2021 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 15 - Child Custody And Visitation

DERIVATION TABLE

Showing the sections in former Chapter 7, Title 20 from which the sections in this article were derived.

New

Section Former

Section 63-15-10 20-7-1525 63-15-20 20-7-1520 63-15-30 20-7-1515 63-15-40 20-7-1530 63-15-50 20-7-1535 63-15-60 20-7-1540

• Section 63-15-10. "Tender Years Doctrine" abolished.
• Section 63-15-20. Religious faith.
• Section 63-15-30. Child's preference.
• Section 63-15-40. Consideration of domestic violence.
• Section 63-15-50. Domestic violence and visitation; payment for treatment.
• Section 63-15-60. De facto custodian.

Editor's Note

2012 Act No. 259, Section 2, provides as follows:

"(A) The South Carolina Family Court Study Committee is created to study the feasibility of tracking the outcome of contested temporary and final custody proceedings in the family court.

"(B) The study committee shall be composed of the following members:

"(1) one member of the judiciary appointed by the Chief Justice of the South Carolina Supreme Court;

"(2) the Director of Court Administration, or his designee;

"(3) the Speaker of the House of Representatives, or his designee;

"(4) the President Pro Tempore of the Senate, or his designee;

"(5) the Chairman of the House Judiciary Committee, or his designee;

"(6) the Chairman of the Senate Judiciary Committee, or his designee; and

"(7) the South Carolina Crime Victim Ombudsman, or his designee.

"(C) The members of the study committee shall serve without compensation and may not receive mileage or per diem.

"(D) Staff of the House of Representatives and the Senate shall serve as staff to the study committee, as needed.

"(E) The study committee shall issue its findings concerning the feasibility of tracking the outcome of temporary and final contested custody proceedings in the family court by January 31, 2013."

• Section 63-15-210. Definitions.
• Section 63-15-220. Parenting plans.
• Section 63-15-230. Final custody determination; considerations.
• Section 63-15-240. Contents of order for custody affecting rights and responsibilities of parents; best interests of the child.
• Section 63-15-250. Telephonic and electronic communication between minor child and parents.
• Section 63-15-260. Equal access to educational and medical records of child by parents.

Subarticle 1

General Provisions

DERIVATION TABLE

Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.

New

Section Former

Section 63-15-300 20-7-6000 63-15-302 20-7-6002 63-15-304 20-7-6004 63-15-306 20-7-6006 63-15-308 20-7-6008 63-15-310 20-7-6010 63-15-312 20-7-6012 63-15-314 20-7-6014 63-15-316 20-7-6016 63-15-318 20-7-6018 63-15-320 20-7-6020 63-15-322 20-7-6022

• Section 63-15-300. Citation.
• Section 63-15-302. Definitions.
• Section 63-15-304. Exemption proceedings.
• Section 63-15-306. Indian children proceedings exempt.
• Section 63-15-308. Recognition of foreign country custody.
• Section 63-15-310. Determinations binding.
• Section 63-15-312. Jurisdiction issues take priority.
• Section 63-15-314. Notice; proof of service; submission to jurisdiction.
• Section 63-15-316. Immunity.
• Section 63-15-318. Communication with out-of-state courts.
• Section 63-15-320. Testimony of out-of-state witnesses.
• Section 63-15-322. Request for hearing in another state; preservation of records.
• Section 63-15-330. Basis for jurisdiction.
• Section 63-15-332. Exclusive, continuing jurisdiction.
• Section 63-15-334. Custody modification by another state.
• Section 63-15-336. Temporary jurisdiction.
• Section 63-15-338. Notice; obligation to join party and right to intervene.
• Section 63-15-340. Stays of other proceedings.
• Section 63-15-342. Inconvenient forum.
• Section 63-15-344. Unjustifiable jurisdiction.
• Section 63-15-346. Information regarding other proceedings.
• Section 63-15-348. Persons requested to appear.
• Section 63-15-350. Definitions.
• Section 63-15-352. Enforcement under Hague Convention.
• Section 63-15-354. Enforcing other states' orders.
• Section 63-15-356. Visitation.
• Section 63-15-358. Registration of out-of-state custody order.
• Section 63-15-360. Enforcement of registered order.
• Section 63-15-362. Modification pending out-of-state.
• Section 63-15-364. Enforcement petition.
• Section 63-15-366. Service of petition and order.
• Section 63-15-368. Physical custody of child.
• Section 63-15-370. Warrant to take physical custody.
• Section 63-15-372. Costs.
• Section 63-15-374. Full faith and credit.
• Section 63-15-376. Appeals.
• Section 63-15-378. Remedies.
• Section 63-15-380. Assistance of law enforcement.
• Section 63-15-382. Assessment of assistance costs.
• Section 63-15-390. Uniformity of application.
• Section 63-15-392. Severability.
• Section 63-15-394. Applicability to prior proceedings.

• Section 63-15-400. Decisions on guardianship, custody, or visitation not to be based solely on person's blindness.
• Section 63-15-410. Adoption petitions not to be denied solely because of person's blindness.
• Section 63-15-420. Regulations.
• Section 63-15-430. Definitions.

Subarticle 1

General Provisions

• Section 63-15-500. Short title.
• Section 63-15-502. Definitions.
• Section 63-15-504. Remedies for noncompliance.
• Section 63-15-506. Jurisdiction.
• Section 63-15-508. Notice required of deploying parent.
• Section 63-15-510. Notification required for change of address.
• Section 63-15-512. General consideration in custody proceeding of parent's military service.
• Section 63-15-514. Form of agreement.
• Section 63-15-516. Nature of authority created by agreement.
• Section 63-15-518. Modification of agreement.
• Section 63-15-520. Power of attorney.
• Section 63-15-522. Filing agreement or power of attorney with court.
• Section 63-15-524. Proceeding for temporary custody order.
• Section 63-15-526. Expedited hearing.
• Section 63-15-528. Testimony by electronic means.
• Section 63-15-530. Effect of prior judicial order or agreement.
• Section 63-15-532. Grant of caretaking or decision-making authority to nonparent.
• Section 63-15-534. Grant of limited contact.
• Section 63-15-536. Nature of authority created by order.
• Section 63-15-538. Content of temporary custody order.
• Section 63-15-540. Order for child support.
• Section 63-15-542. Modifying or terminating assignment or grant of custodial responsibility to nonparent.
• Section 63-15-544. Procedure for terminating temporary grant of custodial responsibility established by agreement.
• Section 63-15-546. Consent procedure for terminating temporary grant of custodial responsibility established by court order.
• Section 63-15-548. Visitation before termination of temporary grant of custodial responsibility.
• Section 63-15-550. Termination by operation of law of temporary grant of custodial responsibility established by court order.
• Section 63-15-552. Uniformity of application and construction.
• Section 63-15-554. Relation to Electronic Signatures in Global and National Commerce Act.
• Section 63-15-556. Savings clause.