reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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
2023 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.
2023 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.
2023 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.
2023 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'."
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-504. Remedies for noncompliance.

In addition to other relief provided by the law of this State, other than this article, if a court finds that a party to a proceeding under this article has acted in bad faith or intentionally failed to comply with this article or a court order issued pursuant to this article, the court may assess reasonable attorney's fees and costs of the opposing party and order other appropriate relief.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-506. Jurisdiction.

(A) A court may issue an order regarding custodial responsibility pursuant to this article only if the court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. If the court has issued a temporary order regarding custodial responsibility pursuant to Subarticle 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(B) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Subarticle 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(C) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(D) This section does not prohibit the exercise of temporary emergency jurisdiction by a court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-508. Notice required of deploying parent.

(A) Except as provided in subsection (D), and subject to subsection (C), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent providing notification within seven days, such notification must be made as soon as reasonably possible thereafter.
(B) Except as provided in subsection (D), and subject to subsection (C), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment as soon as reasonably possible after receiving notice of deployment.
(C) If an existing court order prohibits disclosure of the address or contact information of the other parent, a notification of deployment pursuant to subsection (A) or notification of a plan for the custodial responsibility during deployment pursuant to subsection (B) may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(D) Notice in a record is not required if the parents are living in the same residence and there is actual notice of the deployment or plan.
(E) In a proceeding regarding custodial responsibility between parents, a court may consider the reasonableness of a parent's efforts to comply with this section.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-510. Notification required for change of address.

(A) Except as otherwise provided in subsection (B), an individual to whom custodial responsibility has been assigned or granted during deployment pursuant to Subarticle 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of any change of mailing address or residence until the assignment or grant is terminated. The individual shall provide the notice to any court that has issued an existing custody or child support order concerning the child.
(B) If an existing court or order prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been assigned or granted, a notification of change of mailing address or residence pursuant to subsection (A) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been assigned or granted.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-512. General consideration in custody proceeding of parent's military service.

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
Subarticle 2
Agreement Addressing Custodial Responsibility During Deployment
2023 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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-516. Nature of authority created by agreement.

(A) An agreement under this subarticle is temporary and terminates pursuant to Subarticle 4 following the return from deployment of the deployed parent, unless the agreement has been terminated before that time by court order or modification of the agreement pursuant to Section 63-15-518. The agreement derives from the parent's custodial responsibility and does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(B) A nonparent given caretaking authority, decision-making authority, or limited contact by an agreement under this subarticle has standing to enforce the agreement until it has been terminated pursuant to an agreement of the parents under Section 63-15-518, under Subarticle 4, or by court order.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-518. Modification of agreement.

(A) The parents may modify an agreement regarding custodial responsibility made pursuant to this article by mutual consent.
(B) If an agreement under subsection (A) is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(C) If an agreement under subsection (A) is modified during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-520. Power of attorney.

If no other parent possesses custodial responsibility under the law of this State, other than this article, or if an existing court order prohibits contact between the child and the other parent, a deploying parent, by power of attorney, may delegate all or part of his or her custodial responsibility to an adult nonparent for the period of deployment. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-522. Filing agreement or power of attorney with court.

An agreement or power of attorney made under this subarticle must be filed within a reasonable period of time with any court that has entered an existing order on custodial responsibility or child support concerning the child. The case number and heading of the existing case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
Subarticle 3
Judicial Procedure for Granting Custodial Responsibility During Deployment
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-524. Proceeding for temporary custody order.

(A) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(B) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction pursuant to Section 63-15-506 or, if there is no existing proceeding in a court with jurisdiction pursuant to Section 63-15-506, in a new action for granting custodial responsibility during deployment.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-526. Expedited hearing.

If a motion to grant custodial responsibility is filed before a deploying parent deploys, the court shall conduct an expedited hearing.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-528. Testimony by electronic means.

In a proceeding brought pursuant to this subarticle, a party or witness who is not reasonably available to appear personally may appear and provide testimony and present evidence by electronic means unless the court finds good cause to require a personal appearance.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-530. Effect of prior judicial order or agreement.

In a proceeding for a grant of custodial responsibility pursuant to this subarticle, the following rules apply:
(1) A prior judicial order designating custodial responsibility of a child in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this State, other than this article, for modifying a judicial order regarding custodial responsibility.
(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility of a child in the event of deployment, including a prior written agreement executed pursuant to Subarticle 2, unless the court finds the agreement contrary to the best interest of the child.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-532. Grant of caretaking or decision-making authority to nonparent.

(A) On the motion of a deploying parent and in accordance with the law of this State other than this article, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if it is in the best interest of the child.
(B) Unless the grant of caretaking authority to a nonparent under subsection (A) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(1) the time granted to the deploying parent in an existing permanent custody order, except that the court may add unusual travel time necessary to transport the child; or
(2) in the absence of an existing permanent custody order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, except that the court may add unusual travel time necessary to transport the child.
(C) A court may grant part of the deploying parent's decision-making authority for a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if the deploying parent is unable to exercise that authority. When a court grants the authority to a nonparent, the court shall specify the decision-making power that will and will not be granted, including applicable health, educational, and religious decisions.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-534. Grant of limited contact.

On motion of a deploying parent and in accordance with the law of this State, other than this article, a court shall grant limited contact with a child to a nonparent who is either a family member of the child or an individual with whom the child has a close and substantial relationship, unless the court finds that the contact would be contrary to the best interest of the child.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-536. Nature of authority created by order.

(A) A grant made pursuant to this subarticle is temporary and terminates pursuant to Subarticle 4 following the return from deployment of the deployed parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(B) A nonparent granted caretaking authority, decision-making authority, or limited contact pursuant to this article has standing to enforce the grant until it is terminated pursuant to Subarticle 4 or by court order.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-538. Content of temporary custody order.

(A) An order granting custodial responsibility pursuant to this article must:
(1) designate the order as temporary; and
(2) identify to the extent feasible the destination, duration, and conditions of the deployment.
(B) If applicable, a temporary order for custodial responsibility must:
(1) specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(2) if the order divides caretaking or decision-making authority between individuals or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any significant dispute that may arise;
(3) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or is otherwise available, unless contrary to the best interest of the child;
(5) provide for reasonable contact between the deploying parent and the child following return from deployment until the temporary order is terminated, which may include more time than the deploying parent spent with the child before entry of the temporary order; and
(6) provide that the order will terminate following return from deployment according to the procedures pursuant to Subarticle 4.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-540. Order for child support.

If a court has issued an order providing for grant of caretaking authority pursuant to this subarticle or an agreement granting caretaking authority has been executed pursuant to Subarticle 2, the court may enter a temporary order for child support consistent with the law of this State, other than this article, if the court has jurisdiction under the Uniform Interstate Family Support Act.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-542. Modifying or terminating assignment or grant of custodial responsibility to nonparent.

(A) Except for an order in accordance with Section 63-15-530, or as otherwise provided in subsection (B), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522, on motion of a deploying parent or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision-making authority, or limited contact made pursuant to this article if the modification or termination is consistent with this article and the court finds it is in the best interest of the child. Any modification must be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures in Subarticle 4, unless the grant has been terminated before that time by court order.
(B) On motion of a deploying parent, the court shall terminate a grant of limited contact.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
Subarticle 4
Return From Deployment
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-544. Procedure for terminating temporary grant of custodial responsibility established by agreement.

(A) At any time following return from deployment, a temporary agreement granting custodial responsibility pursuant to Subarticle 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(B) The temporary agreement granting custodial responsibility terminates:
(1) if the agreement to terminate specifies a date for termination, on that date; or
(2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents.
(C) In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates sixty days from the date of the deploying parent's giving notice to the other parent of having returned from deployment.
(D) If the temporary agreement granting custodial responsibility was filed with a court pursuant to Section 63-15-522, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable period of time after the signing of the agreement. The case number and heading of the existing custodial responsibility or child support case must be provided to the court with the agreement to terminate.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-546. Consent procedure for terminating temporary grant of custodial responsibility established by court order.

At any time following return from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued pursuant to Subarticle 3. After an agreement has been filed, the court shall issue an order terminating the temporary order on the date specified in the agreement. If no date is specified, the court shall issue the order immediately.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-548. Visitation before termination of temporary grant of custodial responsibility.

Following return from deployment of a deploying parent until a temporary agreement or order for custodial responsibility established pursuant to Subarticle 2 or 3 is terminated, the court shall enter a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time exceeds the time the deploying parent spent with the child before deployment.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-550. Termination by operation of law of temporary grant of custodial responsibility established by court order.

(A) A temporary order for custodial responsibility issued pursuant to Subarticle 3 shall terminate, if no agreement between the parties to terminate a temporary order for custodial responsibility has been filed, sixty days from the date of the deploying parent's giving notice of having returned from deployment to the other parent and any nonparent granted custodial responsibility.
(B) Any proceedings seeking to prevent termination of a temporary order for custodial responsibility are governed by the law of this State other than this article.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-552. Uniformity of application and construction.

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: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-554. Relation to Electronic Signatures in Global and National Commerce Act.

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 15 - Child Custody And Visitation › Section 63-15-556. Savings clause.

This article does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before the effective date of this article.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-10. Purpose; definitions.

(A) The purpose of this article is to establish a procedure to aid in the determination of the paternity of an individual.
(B) As used in this article, "child" includes, but is not limited to, a person under the age of eighteen years.
(C) An action to establish the paternity of an individual may be brought by:
(1) a child;
(2) the natural mother of a child;
(3) any person in whose care a child has been placed;
(4) an authorized agency, including, but not limited to, the Department of Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 63-3-550 and 63-17-340; or
(5) a person who claims to be the father of a child.
(D) If an action is brought under this article prior to the birth of a child, all proceedings must be stayed until after the birth of the child except the service of a summons and the taking of depositions or other discovery procedures.
(E) Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties respondents to the action. A child under the age of eighteen years must be represented by a guardian ad litem appointed by the court. Neither the mother nor the presumed or putative father of the child may represent him as guardian ad litem.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-20. Jurisdiction.

(A) Any person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this article with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by service of process outside this State in the manner authorized by the provisions of Section 36-2-806.
(B) Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity.
(C) All actions commenced under this article must be dealt with as separate proceedings before the court without a jury. The general public is to be excluded from these proceedings and only those persons whom the judge finds to have a direct interest in the proceeding or in assisting the court in its work are to be permitted to attend.
(D) Any proceeding commenced under this article is a civil action. The natural mother of the child and the alleged father are competent to testify and may be compelled by the court to appear and give testimony.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-30. Genetic tests; costs.

(A) As soon as practicable after an action has been commenced, the court, upon its motion or that of an interested party, may order the natural mother, the putative father, and the child to submit to genetic tests such as red blood cell antigen testing, human leukocyte antigen (HLA) testing, electrophoresis, or other tests which have been developed for the purpose of proving or disproving parentage and which are reasonably accessible. If the court orders any of these tests, and if the action is commenced prior to the birth of the child, the court shall also order that the tests be made as soon as medically feasible after the birth of the child. The tests must be performed under the supervision of a qualified expert. In all cases the court shall determine the number and the qualifications of experts, except that the parties may submit for the court's approval a written stipulation regarding experts and facilities to be used for testing. The costs of any tests not disposed of by written stipulation must be paid by the parties as ordered by the court. However, in any action initiated pursuant to Section 43-5-220 where the court determines that the respondent is indigent, the court may order that these costs be borne by the petitioner. When the State of South Carolina is the petitioner and the respondent is indigent and the court orders the petitioner to pay these costs, they must be paid from amounts collected under the Child Support Enforcement Program (Title IV-D).
(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that paternity has been previously established by operation of law or judicial finding of fact.
(C) For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been established previously by operation of law or judicial finding of fact.
(D) Any order issued under this section is enforceable by contempt.
HISTORY: 2008 Act No. 361, Section 2.
Editor's Note
The Child Support Enforcement Program (Title IV D), referred to in this section appears at 42 USCA Sections 651 et seq.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-40. Settlement and voluntary agreements.

(A) The court must encourage settlements and voluntary agreements and must examine and approve them whenever they are warranted. Upon a finding of fairness the court shall approve, without a hearing, settlements and voluntary agreements which are reduced to writing, signed by the parties, and properly verified. The agreement must be accompanied by financial declarations and affidavits from the custodial and noncustodial parents stating that they have read, or have had read to them, and understand the agreement and that they have voluntarily executed the agreement or consent order. The parties may submit themselves to the jurisdiction of the court by a settlement or voluntary agreement which must be filed with the summons and complaint. A defendant's affidavit must state that the defendant is capable of fulfilling any financial requirements of the agreement or consent order applicable to the defendant. Upon the court's approval, the settlement or voluntary agreement becomes an order of the court.
(B) In actions commenced by the Department of Social Services or any other authorized agency, an employee of the department or the agency who is familiar with the action may make, on behalf of the custodial parent, the required affidavit accompanying a settlement, voluntary agreement, or consent order. In cases where the child is the recipient of public assistance, the affidavit must state that the employee has reviewed the case and that the child involved is receiving public assistance due in part to inadequate support from the noncustodial parent.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-50. Verified voluntary acknowledgments.

(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(1) sixty days; or
(2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.
(B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.
(C) In the event of a challenge, legal responsibilities including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown.
(D) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.
HISTORY: 2008 Act No. 361, Section 2.