South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

S. 162

STATUS INFORMATION

General Bill
Sponsors: Senators Mescher and Ritchie
Document Path: l:\s-res\wcm\008chil.mrh.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Parental rights and duties, equal input of parents or guardians; exceptions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2003  Senate  Prefiled
    1/8/2003  Senate  Referred to Committee on Judiciary
   1/14/2003  Senate  Introduced and read first time SJ-89
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-89

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/8/2003

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

A BILL

TO AMEND SECTION 20-7-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.

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

SECTION    1.    Section 20-7-100 of the 1976 Code is amended to read:

"Section 20-7-100.    The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has the same right to be informed of and to participate in any decision making process that may affect major financial or substantial changes involving their minor children unless specifically prohibited by an order of the court. The noncustodial parent has a right to be informed of and to participate in major financial decisions, particularly when the noncustodial parent will be ordered by the court to be responsible for the financial change. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

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

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