S 1204 Session 112 (1997-1998)
S 1204 General Bill, By Lander and Giese
A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976.
RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO
AUTHORIZE THE COURT TO ORDER PERIODS OF VISITATION WITH THE GRANDPARENTS WHEN
IT IS WITHIN THE BEST INTERESTS OF THE CHILD; TO ADD SECTION 20-7-1515, SO AS
TO PROVIDE WHEN A CHILD IS RESIDING WITH A GRANDPARENT IN A STABLE
RELATIONSHIP, THE COURT MAY RECOGNIZE THAT THE GRANDPARENT HAS THE SAME
STANDING AS A PARENT WHEN EVALUATING CUSTODY ARRANGEMENTS AND TAKE INTO
ACCOUNT THE CHILD'S PREFERENCE CONCERNING CUSTODY; AND TO ADD SECTION
20-7-1556, SO AS TO AUTHORIZE A COURT TO AWARD A GRANDPARENT VISITATION RIGHTS
WITH A MINOR CHILD IF IT IS WITHIN THE CHILD'S BEST INTERESTS AND TO PROVIDE
THAT A GRANDPARENT SHALL HAVE LEGAL STANDING TO ENFORCE AN AWARD OF
VISITATION.
04/21/98 Senate Introduced and read first time SJ-13
04/21/98 Senate Referred to Committee on Judiciary SJ-13
A BILL
TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH
CAROLINA, 1976. RELATING TO JURISDICTION OF THE
FAMILY COURT IN DOMESTIC MATTERS, SO AS TO
AUTHORIZE THE COURT TO ORDER PERIODS OF
VISITATION WITH THE GRANDPARENTS WHEN IT IS
WITHIN THE BEST INTERESTS OF THE CHILD; TO ADD
SECTION 20-7-1515, SO AS TO PROVIDE WHEN A CHILD IS
RESIDING WITH A GRANDPARENT IN A STABLE
RELATIONSHIP, THE COURT MAY RECOGNIZE THAT THE
GRANDPARENT HAS THE SAME STANDING AS A PARENT
WHEN EVALUATING CUSTODY ARRANGEMENTS AND
TAKE INTO ACCOUNT THE CHILD'S PREFERENCE
CONCERNING CUSTODY; AND TO ADD SECTION 20-7-1556,
SO AS TO AUTHORIZE A COURT TO AWARD A
GRANDPARENT VISITATION RIGHTS WITH A MINOR CHILD
IF IT IS WITHIN THE CHILD'S BEST INTERESTS AND TO
PROVIDE THAT A GRANDPARENT SHALL HAVE LEGAL
STANDING TO ENFORCE AN AWARD OF VISITATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-420(33) of the 1976 Code is amended
to read:
"(33) To order periods of visitation for the grandparents 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 regardless of the existence of a court order or
agreement, and upon a written finding that the visitation rights
would be in the best interests of the child and would not interfere
with the parent/child relationship. In determining whether to
order visitation for the grandparents, the court shall consider the
nature of the relationship between the child and his grandparents
prior to the filing of the petition or complaint."
SECTION 2. Subarticle 1, Article 11 of Chapter 7 of Title 20 of
the 1976 Code is amended by adding:
"Section 20-7-1515. In any case where a child is residing with
a grandparent in a stable relationship, regardless of whether or not the
court has awarded custody to the grandparent, the court may
recognize that the grandparent has the same standing as a parent
when evaluating what custody arrangements are in the best interests
of the child. In determining the best interests of the child, the court
must consider the child's reasonable preference for custody if the
court determines the child to be of sufficient intelligence,
understanding, and experience to express a preference."
SECTION 3. Subarticle 2, Article 11 of Chapter 7 of Title 20 is
amended by adding:
"Section 20-7-1556. The court may award grandparent
visitation rights with a minor child if it is in the child's best interests.
A grandparent shall have legal standing to enforce an award of
visitation."
SECTION 4. This act takes effect upon approval by the Governor.
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