South Carolina General Assembly
115th Session, 2003-2004

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H. 4448

STATUS INFORMATION

General Bill
Sponsors: Reps. Neilson, Altman, J. Brown and Clark
Document Path: l:\council\bills\pt\1711ahb04.doc
Companion/Similar bill(s): 3118

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Family Court, grandparent visitation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/3/2003  House   Prefiled
   12/3/2003  House   Referred to Committee on Judiciary
   1/13/2004  House   Introduced and read first time HJ-78
   1/13/2004  House   Referred to Committee on Judiciary HJ-78

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/3/2003

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

A BILL

TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

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

SECTION    1.    This act may be cited as the "Grandparent Visitation Act". The General Assembly finds that the State of South Carolina has a compelling interest in encouraging the beneficial grandparent and child relationship through reasonable visitation without unduly infringing upon the fundamental rights of the parents under the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States to make decisions affecting the raising of their children as they consider appropriate.

SECTION    2.    Section 20-7-420(33) of the 1976 Code, as last amended by Act 429 of 1994, is further 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. Under exceptional circumstances, to order reasonable visitation rights for the grandparents or other relatives, by blood or affinity, not granted custody of a minor child if the court finds that it is in the best interests of the child. In determining the best interests of the child the court shall consider the following factors including, but not limited to:

(a)    the length and quality of the previous relationship between the child and the relative;

(b)    whether the child is in need of guidance, enlightenment, or tutelage that may be provided best by the relative;

(c)    the preference of the child if the child is determined to be of sufficient maturity to express a preference;

(d)    the willingness of the relative to encourage a close relationship between the child and his parent; and

(e)    the mental and physical health of the child and the relative.

This item does not apply to a grandparent or to another relative related to the mother or father of the child, if the mother or father to whom he is related has custody or visitation rights."

SECTION    3.    This act takes effect upon approval by the Governor.

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