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Bill 3679

                    Current Status

Bill Number:                      3679
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010307
Primary Sponsor:                  J.E. Smith
All Sponsors:                     J.E. Smith
Drafted Document Number:          l:\council\bills\nbd\11323ac01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Child custody or visitation, best 
                                  interests of child guiding principle, joint 
                                  custody encouraged; Courts, Family; Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010307  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1552 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD IS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 20-7-1552.    (A)    In an action in which child custody or visitation is in dispute the best interests of the child is the overriding principle the court must be guided by in resolving these disputes. Unless a parent is found to be unfit or is geographically removed from the child, the best interests of the child are considered to be served when the order of the court equally promotes and encourages the ongoing development and enhancement of the child's relationship with each parent.

    (B)    In awarding custody and granting visitation the court must strive to equalize the time the child spends with each parent and to equalize and promote opportunities for each parent to be informed of and involved in activities in the child's life both in and out of school.

    (C)    Nothing in this section requires an award of joint or divided custody, and visitation awarded in accordance with this section may not be construed as joint or divided custody."

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

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