Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 13, 2004
S. 1058
S. Printed 4/13/04--S.
Read the first time March 11, 2004.
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.
This web page was last updated on Thursday, June 25, 2009 at 9:24 A.M.