South Carolina General Assembly
118th Session, 2009-2010

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A267, R342, S981

STATUS INFORMATION

General Bill
Sponsors: Senators Rose and Knotts
Document Path: l:\council\bills\nbd\11608ac10.docx
Companion/Similar bill(s): 1044, 3165, 3412

Introduced in the Senate on January 12, 2010
Introduced in the House on May 12, 2010
Last Amended on June 3, 2010
Passed by the General Assembly on June 15, 2010
Governor's Action: June 24, 2010, Signed

Summary: Grandparents visitation

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2009  Senate  Prefiled
   12/9/2009  Senate  Referred to Committee on Judiciary
   1/12/2010  Senate  Introduced and read first time SJ-44
   1/12/2010  Senate  Referred to Committee on Judiciary SJ-44
   1/20/2010  Senate  Referred to Subcommittee: Campbell (ch), Knotts, 
                        Campsen, Lourie
   2/17/2010  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-13
   4/22/2010  Senate  Committee Amendment Adopted SJ-43
   4/22/2010  Senate  Read second time SJ-43
   5/12/2010  Senate  Read third time and sent to House SJ-19
   5/12/2010  House   Introduced and read first time HJ-78
   5/12/2010  House   Referred to Committee on Judiciary HJ-78
   5/19/2010  House   Recalled from Committee on Judiciary HJ-46
   5/25/2010  House   Debate adjourned until Wednesday, May 26, 2010 HJ-41
   5/26/2010  House   Debate adjourned HJ-17
   5/26/2010  House   Debate adjourned until Thursday, May 27, 2010 HJ-19
   5/27/2010  House   Amended
   5/27/2010  House   Read second time HJ-35
   5/27/2010  House   Roll call Yeas-96  Nays-0 HJ-35
   5/27/2010  House   Unanimous consent for third reading on next legislative 
                        day HJ-37
   5/28/2010  House   Read third time and returned to Senate with amendments 
                        HJ-1
    6/3/2010  Senate  House amendment amended SJ-55
    6/3/2010  Senate  Returned to House with amendments SJ-55
   6/15/2010  House   Concurred in Senate amendment and enrolled HJ-106
   6/15/2010  House   Roll call Yeas-112  Nays-0 HJ-106
   6/21/2010          Ratified R 342
   6/24/2010          Signed By Governor
    7/1/2010          Effective date 06/24/10
    7/8/2010          Act No. 267

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/9/2009
2/17/2010
4/22/2010
5/19/2010
5/27/2010
6/3/2010

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

(A267, R342, S981)

AN ACT TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE UNREASONABLY DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND HAVE DENIED VISITATION FOR MORE THAN NINETY DAYS, THAT THE GRANDPARENT MAINTAINED A RELATIONSHIP WITH THE CHILD SIMILAR TO A PARENT-CHILD RELATIONSHIP, THAT AWARDING VISITATION WOULD NOT INTERFERE WITH THE PARENT-CHILD RELATIONSHIP, AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST; TO AUTHORIZE THE JUDGE TO AWARD ATTORNEY'S FEES TO THE PREVAILING PARTY; AND TO DEFINE "GRANDPARENT".

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

Grandparent visitation revised

SECTION    1.    Section 63-3-530(A)(33) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(33)    to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

(1)    the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and

(2)    the grandparent maintained a relationship similar to a parent-child relationship with the minor child; and

(3)    that awarding grandparent visitation would not interfere with the parent-child relationship; and:

(a)    the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b)    the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

The judge presiding over this matter may award attorney's fees and costs to the prevailing party.

For purposes of this item, 'grandparent' means the natural or adoptive parent of any parent to a minor child;"

Time effective

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

Ratified the 21st day of June, 2010.

Approved the 24th day of June, 2010.

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