reglab/housing_qa huggingface dataset:
SC Code § 63-15-344 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-344. Unjustifiable jurisdiction.

 (A) Except as otherwise provided in Section 63-15-336 or by other law of this State, if a court of this State has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:  (1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;  (2) a court of the state otherwise having jurisdiction under Sections 63-15-330 through 63-15-334 determines that this State is a more appropriate forum under Section 63-15-342; or  (3) no court of any other state would have jurisdiction under the criteria specified in Sections 63-15-330 through 63-15-334.  (B) If a court of this State declines to exercise its jurisdiction pursuant to subsection (A), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 63-15-330 through 63-15-334.  (C) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (A), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and childcare during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this State unless authorized by law other than this article.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-346 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-346. Information regarding other proceedings.

 (A) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:  (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;  (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and  (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.  (B) If the information required by subsection (A) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.  (C) If the declaration as to any of the items described in subsection (A)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.  (D) Each party has a continuing duty to inform the court of any proceeding in this State or any other state that could affect the current proceeding.  (E) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-348 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-348. Persons requested to appear.

 (A) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.  (B) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to Section 63-15-314 includes a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.  (C) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.  (D) If a party to a child custody proceeding who is outside of this State is directed to appear under subsection (B) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 3  Enforcement  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-15-350 20-7-6050 63-15-352 20-7-6052 63-15-354 20-7-6054 63-15-356 20-7-6056 63-15-358 20-7-6058 63-15-360 20-7-6060 63-15-362 20-7-6062 63-15-364 20-7-6064 63-15-366 20-7-6066 63-15-368 20-7-6068 63-15-370 20-7-6070 63-15-372 20-7-6072 63-15-374 20-7-6074 63-15-376 20-7-6076 63-15-378 20-7-6078 63-15-380 20-7-6080 63-15-382 20-7-6082
SC Code § 63-15-350 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-350. Definitions.

 As used in this subarticle:  (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.  (2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-352 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-352. Enforcement under Hague Convention.

 Under this subarticle a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-354 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-354. Enforcing other states' orders.

 (A) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.  (B) A court of this State may utilize any remedy available under other law of this State to enforce a child custody determination made by a court of another state. The remedies provided in this subarticle are cumulative and do not affect the availability of other remedies to enforce a child custody determination.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-356 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-356. Visitation.

 (A) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:  (1) a visitation schedule made by a court of another state; or  (2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.  (B) If a court of this State makes an order under subsection (A)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subarticle 2. The order remains in effect until an order is obtained from the other court or the period expires.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-360 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-360. Enforcement of registered order.

 (A) A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state.  (B) A court of this State shall recognize and enforce, but may not modify, except in accordance with Subarticle 2, a registered child custody determination of a court of another state.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-362 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-362. Modification pending out-of-state.

 If a proceeding for enforcement under this subarticle is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subarticle 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-366 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-366. Service of petition and order.

 Except as otherwise provided in Section 63-15-370, the petition and order must be served, by any method authorized by the law of this State, upon respondent and any person who has physical custody of the child.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-368 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-368. Physical custody of child.

 (A) Unless the court issues a temporary emergency order pursuant to Section 63-15-336, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:  (1) the child custody determination has not been registered and confirmed under Section 63-15-358 and that:  (a) the issuing court did not have jurisdiction under Subarticle 2;  (b) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2; or  (c) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 63-15-314, in the proceedings before the court that issued the order for which enforcement is sought; or  (2) the child custody determination for which enforcement is sought was registered and confirmed under Section 63-15-358 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.  (B) The court shall award the fees, costs, and expenses authorized under Section 63-15-372 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.  (C) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.  (D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-370 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-370. Warrant to take physical custody.

 (A) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this State.  (B) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by Section 63-15-364(B).  (C) A warrant to take physical custody of a child must:  (1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;  (2) direct law enforcement officers to take physical custody of the child immediately; and  (3) provide for the placement of the child pending final relief.  (D) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.  (E) A warrant to take physical custody of a child is enforceable throughout this State. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.  (F) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-372 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-372. Costs.

 (A) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and childcare during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.  (B) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-374 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-374. Full faith and credit.

 A court of this State shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Subarticle 2.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-376 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-376. Appeals.

 An appeal may be taken from a final order in a proceeding under this subarticle in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 63-15-336, the enforcing court may not stay an order enforcing a child custody determination pending appeal.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-378 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-378. Remedies.

 (A) In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this subarticle or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:  (1) an existing child custody determination;  (2) a request to do so from a court in a pending child custody proceeding;  (3) a reasonable belief that a criminal statute has been violated; or  (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.  (B) A prosecutor acting under this section acts on behalf of the court and may not represent any party.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-380 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-380. Assistance of law enforcement.

 At the request of a prosecutor acting under Section 63-15-378, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under Section 63-15-378.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-382 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-382. Assessment of assistance costs.

 If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under Section 63-15-378 or 63-15-380.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 4  Miscellaneous 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 63-15-390 20-7-6090 63-15-392 20-7-6092 63-15-394 20-7-6094
SC Code § 63-15-390 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-390. Uniformity of application.

 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-392 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-392. Severability.

 If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-394 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-394. Applicability to prior proceedings.

 A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-15-400 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-400. Decisions on guardianship, custody, or visitation not to be based solely on person's blindness.

 In making decisions on guardianship, custody, or visitation where a party to the action is blind, the court may not deny the party guardianship, custody, or visitation of a child solely because the party is blind. The blindness of a party only must be used to determine whether or not granting guardianship, custody, or visitation to the party would be in the best interest of the child.  HISTORY: 2014 Act No. 193 (S.687), Section 2, eff June 2, 2014.  Editor's Note  2014 Act No. 193, Section 1, provides as follows:  "SECTION 1. This act may be cited as the 'South Carolina Blind Person's Right to Parent Act'."
SC Code § 63-15-410 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-410. Adoption petitions not to be denied solely because of person's blindness.

 (A) When the Department of Social Services, a guardian, or a child placement agency considers an adoption petition, the department, guardian, or child placement agency may not deny the petition solely because the petitioner is blind.  (B) In making a determination of adoption where the petitioner is blind, the court may not deny the petition solely because the petitioner is blind. The blindness of the petitioner only must be used to determine whether or not granting the adoption would be in the best interest of the child.  HISTORY: 2014 Act No. 193 (S.687), Section 2, eff June 2, 2014.
SC Code § 63-15-420 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-420. Regulations.

 Within one year of the adoption of this act, the Department of Social Services shall promulgate regulations prohibiting a local department from removing a child from a home and placing the child in foster care solely because the child's parent or guardian is blind.  HISTORY: 2014 Act No. 193 (S.687), Section 2, eff June 2, 2014.
SC Code § 63-15-430 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-430. Definitions.

 For purposes of this act, the term "blind" or "blindness" means:  (A) vision that is 20/200 or less in the best corrected eye; or  (B) vision that subtends an angle of not greater than twenty degrees in the best corrected eye.  HISTORY: 2014 Act No. 193 (S.687), Section 2, eff June 2, 2014.
SC Code § 63-15-500 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 15 - Child Custody And Visitation|Section 63-15-500. Short title.

 This chapter may be cited as the "Uniform Deployed Parents Custody and Visitation Act".  HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.