As used in this article:
(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained eighteen years of age.
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subarticle 3.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
(8) "Initial determination" means the first child custody determination concerning a particular child.
(9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this article.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
(b) has been awarded legal custody by a court or claims a right to legal custody under the law of this State.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
HISTORY: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 15 - Child Custody And Visitation
Section 63-15-10. "Tender Years Doctrine" abolished.
Section 63-15-20. Religious faith.
Section 63-15-30. Child's preference.
Section 63-15-40. Consideration of domestic violence.
Section 63-15-50. Domestic violence and visitation; payment for treatment.
Section 63-15-60. De facto custodian.
Section 63-15-210. Definitions.
Section 63-15-220. Parenting plans.
Section 63-15-230. Final custody determination; considerations.
Section 63-15-250. Telephonic and electronic communication between minor child and parents.
Section 63-15-260. Equal access to educational and medical records of child by parents.
Section 63-15-302. Definitions.
Section 63-15-304. Exemption proceedings.
Section 63-15-306. Indian children proceedings exempt.
Section 63-15-308. Recognition of foreign country custody.
Section 63-15-310. Determinations binding.
Section 63-15-312. Jurisdiction issues take priority.
Section 63-15-314. Notice; proof of service; submission to jurisdiction.
Section 63-15-318. Communication with out-of-state courts.
Section 63-15-320. Testimony of out-of-state witnesses.
Section 63-15-322. Request for hearing in another state; preservation of records.
Section 63-15-330. Basis for jurisdiction.
Section 63-15-332. Exclusive, continuing jurisdiction.
Section 63-15-334. Custody modification by another state.
Section 63-15-336. Temporary jurisdiction.
Section 63-15-338. Notice; obligation to join party and right to intervene.
Section 63-15-340. Stays of other proceedings.
Section 63-15-342. Inconvenient forum.
Section 63-15-344. Unjustifiable jurisdiction.
Section 63-15-346. Information regarding other proceedings.
Section 63-15-348. Persons requested to appear.
Section 63-15-350. Definitions.
Section 63-15-352. Enforcement under Hague Convention.
Section 63-15-354. Enforcing other states' orders.
Section 63-15-356. Visitation.
Section 63-15-358. Registration of out-of-state custody order.
Section 63-15-360. Enforcement of registered order.
Section 63-15-362. Modification pending out-of-state.
Section 63-15-364. Enforcement petition.
Section 63-15-366. Service of petition and order.
Section 63-15-368. Physical custody of child.
Section 63-15-370. Warrant to take physical custody.
Section 63-15-374. Full faith and credit.
Section 63-15-380. Assistance of law enforcement.
Section 63-15-382. Assessment of assistance costs.
Section 63-15-390. Uniformity of application.
Section 63-15-392. Severability.
Section 63-15-394. Applicability to prior proceedings.
Section 63-15-410. Adoption petitions not to be denied solely because of person's blindness.
Section 63-15-420. Regulations.
Section 63-15-430. Definitions.
Section 63-15-500. Short title.
Section 63-15-502. Definitions.
Section 63-15-504. Remedies for noncompliance.
Section 63-15-506. Jurisdiction.
Section 63-15-508. Notice required of deploying parent.
Section 63-15-510. Notification required for change of address.
Section 63-15-512. General consideration in custody proceeding of parent's military service.
Section 63-15-514. Form of agreement.
Section 63-15-516. Nature of authority created by agreement.
Section 63-15-518. Modification of agreement.
Section 63-15-520. Power of attorney.
Section 63-15-522. Filing agreement or power of attorney with court.
Section 63-15-524. Proceeding for temporary custody order.
Section 63-15-526. Expedited hearing.
Section 63-15-528. Testimony by electronic means.
Section 63-15-530. Effect of prior judicial order or agreement.
Section 63-15-532. Grant of caretaking or decision-making authority to nonparent.
Section 63-15-534. Grant of limited contact.
Section 63-15-536. Nature of authority created by order.
Section 63-15-538. Content of temporary custody order.
Section 63-15-540. Order for child support.
Section 63-15-548. Visitation before termination of temporary grant of custodial responsibility.
Section 63-15-552. Uniformity of application and construction.
Section 63-15-554. Relation to Electronic Signatures in Global and National Commerce Act.