A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-3-30 AND 63-15-230, BOTH RELATING TO JOINT CUSTODY ORDERS, SO AS TO CLARIFY THAT THERE IS NO REQUIREMENT FOR EXCEPTIONAL CIRCUMSTANCES TO AWARD JOINT CUSTODY IN A CHILD CUSTODY PROCEEDING.

 

Whereas, the South Carolina Supreme Court historically has generally disfavored the award of joint custody in child custody determinations, dating back at least one-half of a century to the case of Mixson v. Mixson, 171 S.E.2d 581 (1969), and approving of joint custody only under a finding of exceptional circumstances; and

 

Whereas, in 1996, the General Assembly amended Section 63-3-530 to allow family courts to award joint custody in child custody determinations when in the best interest of the child without any requirement for exceptional circumstances; and

 

Whereas, in 2012, the General Assembly enacted Article 2, Chapter 15, Title 63 to establish statutory requirements for court-ordered child custody, which, like Section 63-3-530, allows for the award of joint custody when in the best interest of the child without any requirement for exceptional circumstances; and

 

Whereas, the state's appellate courts continue to rely on judicial precedence citing the requirement for exceptional circumstances to justify the award of joint custody, despite the plain meaning of the relevant statutory provisions. Now, therefore,

 

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

 

SECTION 1.  Section 63-3-530(A)(42) of the S.C. Code is amended to read:

 

        (42) to order joint or divided custody where the court finds it is in the best interests  interest of the child. There is no requirement for the court to find the existence of exceptional circumstances to award joint or divided custody. Nor is there a presumption that joint or divided custody is or is not in the best interest of the child. The court shall make the custody determination that is in the best interest of the child based on the evidence presented;

 

SECTION 2.  Section 63-15-230 of the S.C. Code is amended to read:

 

    Section 63-15-230. (A) The court shall make the final custody determination in the best interest of the child based upon the evidence presented.

    (B) The court may award joint custody to both parents or sole custody to either parent. There is no presumption that joint or sole custody is in the best interest of the child.

    (C) If custody is contested or if either parent seeks an award of joint custody, the court shall consider all custody options, including, but not limited to, joint custody, and, in its final order, the court shall state its determination as to custody and shall state its reasoning for that decision. The court shall not be required to make a finding of exceptional circumstances to award joint custody.

    (D) Notwithstanding the custody determination, the court may allocate parenting time in the best interest of the child.

 

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

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