South Carolina General Assembly
115th Session, 2003-2004

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S. 1058

STATUS INFORMATION

General Bill
Sponsors: Senators Martin and Richardson
Document Path: l:\s-jud\bills\martin\jud0133.lam.doc

Introduced in the Senate on March 11, 2004
Introduced in the House on April 15, 2004
Last Amended on April 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Minors name change; family court judge may appoint a guardian ad litem

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   3/11/2004  Senate  Introduced and read first time SJ-6
   3/11/2004  Senate  Referred to Committee on Judiciary SJ-6
    4/7/2004  Senate  Committee report: Favorable with amendment Judiciary SJ-9
    4/8/2004          Scrivener's error corrected
   4/13/2004  Senate  Amended SJ-10
   4/13/2004  Senate  Read second time SJ-10
   4/13/2004  Senate  Ordered to third reading with notice of amendments SJ-10
   4/14/2004  Senate  Read third time and sent to House SJ-29
   4/15/2004  House   Introduced and read first time HJ-7
   4/15/2004  House   Referred to Committee on Judiciary HJ-7
   4/15/2004          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/11/2004
4/7/2004
4/8/2004
4/13/2004
4/15/2004

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

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COMMITTEE AMENDMENT ADOPTED

April 13, 2004

S. 1058

Introduced by Senators Martin and Richardson

S. Printed 4/13/04--S.    [SEC 4/15/04 3:52 PM]

Read the first time March 11, 2004.

            

A BILL

TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A CHANGE OF A MINOR CHILD'S NAME, SO AS TO PROVIDE THAT A FAMILY COURT JUDGE MAY APPOINT A GUARDIAN AD LITEM AND TO PROVIDE AN EXCEPTION.

Amend Title To Conform

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

SECTION    1.     Section 15-49-10 of the 1976 Code is amended to read:

"Section 15-49-10.    (A)    A person who desires to change his name may must petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.

(B)(1)    A parent who desires to change the name of his minor child may must petition, in writing, a family court judge in the appropriate circuit. The other parent, or if there is not one then the child, must be named as a party in the action unless waived by the court.

(2)    The Except as provided in item (3), the court shall appoint a guardian ad litem to represent the child.

(3)    In cases where the parents (a) are the parties to the action and (b) agree that the appointment of a guardian ad litem is not necessary, the court may, in its discretion, determine that it is not in the best interest of the child to appoint a guardian ad litem.

(4)    The court shall grant the petition if it finds that it is in the best interest of the child."

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

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