South Carolina General Assembly
118th Session, 2009-2010

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Bill 281


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE BY ADDING SECTION 20-7-1542 TO PROVIDE FOR THE DEFINITION OF JOINT CUSTODY.

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

SECTION    1.    The General Assembly finds that:

(1)    Both the mother and the father of a child are endowed with the same inalienable, natural rights to parent, nurture, and raise their minor children.

(2)    Joint custody is a viable option for parents or the courts of South Carolina to select for custody arrangements for minor children.

(3)    Many parents throughout South Carolina utilize joint custody.

(4)    The citizens and courts of South Carolina desire to encourage parents to co-parent their minor children and to cooperate as much as practicable in caring for their minor children.

(5)    A clear definition of joint custody is desirable and necessary.

SECTION    2.    Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1542.    Joint custody is a custodial arrangement where both the mother and the father equally share the legal custody and physical custody of a minor child such that each parent begins with equal care giving time with the minor child in any manner or fashion determined to meet the child's needs and best interests. Even if one parent in a joint custody arrangement is designated as primary care giver and the other parent is designated as secondary care giver, each parent has equal weight and voice concerning the minor child that must be considered by the other parent before making major decisions regarding the minor child's educational, extracurricular, athletic, medical, spiritual, and emotional wellbeing. Visitation is not involved in joint custody."

SECTION    3.    This act takes effect upon approval by the Governor.

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