(A) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(B) If the information required by subsection (A) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(C) If the declaration as to any of the items described in subsection (A)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(D) Each party has a continuing duty to inform the court of any proceeding in this State or any other state that could affect the current proceeding.
(E) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
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.