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A249, R256, S137
STATUS INFORMATION
General Bill
Sponsors: Senators Hayes and Elliott
Document Path: l:\s-res\rwh\001dfcu.kmm.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on April 27, 2005
Last Amended on March 8, 2006
Passed by the General Assembly on March 15, 2006
Governor's Action: March 24, 2006, Signed
Summary: Jurisdiction of Family Court to order custody of a minor child to the de facto custodian
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 Senate Prefiled
12/15/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-149
1/11/2005 Senate Referred to Committee on Judiciary SJ-149
4/21/2005 Senate Polled out of committee Judiciary SJ-8
4/21/2005 Senate Committee report: Favorable with amendment Judiciary SJ-8
4/25/2005 Senate Amended SJ-17
4/25/2005 Senate Read second time SJ-17
4/26/2005 Senate Read third time and sent to House SJ-13
4/27/2005 House Introduced and read first time HJ-6
4/27/2005 House Referred to Committee on Judiciary HJ-7
3/1/2006 House Committee report: Favorable with amendment Judiciary HJ-2
3/2/2006 Scrivener's error corrected
3/8/2006 House Amended HJ-22
3/8/2006 House Read second time HJ-24
3/9/2006 House Read third time and returned to Senate with amendments
HJ-15
3/15/2006 Senate Concurred in House amendment and enrolled SJ-42
3/23/2006 Ratified R 256
3/24/2006 Signed By Governor
3/28/2006 Copies available
3/28/2006 Effective date 03/24/06
4/5/2006 Act No. 249
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/15/2004
4/21/2005
4/25/2005
3/1/2006
3/2/2006
3/8/2006
(A249, R256, S137)
AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AS A PERSON WHO HAS BEEN THE PRIMARY CAREGIVER AND FINANCIAL SUPPORTER OF A CHILD WHO HAS RESIDED WITH THAT PERSON FOR SIX MONTHS IF THE CHILD IS UNDER THREE YEARS OF AGE AND ONE YEAR IF THE CHILD IS THREE YEARS OLD OR OLDER, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OR VISITATION OF THE MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
Be it enacted by the General Assembly of the State of South Carolina:
Family court jurisdiction
SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 132 of 2005, is further amended by adding the following appropriately numbered subsection to read:
"( ) To order custody of a minor child to the de facto custodian under the circumstances specified in Section 20-7-1540."
De facto custodian of minor child; custody and visitation
SECTION 2. Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1540. (A) For purposes of this section, 'de facto custodian' means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:
(1) has resided with the person for a period of six months or more if the child is under three years of age; or
(2) has resided with the person for a period of one year or more if the child is three years of age or older.
Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child must not be included in determining whether the child has resided with the person for the required minimum period.
(B) A person is not a de facto custodian of a child until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.
(C) The family court may grant visitation or custody of a child to the de facto custodian if it finds by clear and convincing evidence that the child's natural parents are unfit or that other compelling circumstances exist.
(D) No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.
(E) If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 23rd day of March, 2006.
Approved the 24th day of March, 2006.
This web page was last updated on Friday, December 4, 2009 at 3:27 P.M.