(A) A court may award visitation to a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, as defined in Section 16-25-20 or Section 16-25-65, or in cases in which complaints were made against both parties, to the person found by a general sessions, magistrates, municipal, or family court to be the primary aggressor under Section 16-25-70, only if the court finds that adequate provision for the safety of the child and the victim of domestic violence can be made.
(B) In a visitation order, a court may:
(1) order an exchange of a child to occur in a protected setting;
(2) order visitation supervised by another person or agency;
(3) order a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, the person found by the court to have been the primary aggressor, to attend and complete, to the satisfaction of the court, a program of intervention for offenders or other designated counseling as a condition of the visitation;
(4) order a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, the person found by the court to have been the primary aggressor, to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation;
(5) order a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, the person found by a general sessions, magistrates, municipal, or family court to be the primary aggressor, to pay a fee to defray the costs of supervised visitation;
(6) prohibit overnight visitation;
(7) require a bond from a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, from the person found by a general sessions, magistrates, municipal, or family court to be the primary aggressor, for the return and safety of the child if that person has made a threat to retain the child unlawfully;
(8) impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic violence, and any other household member.
(C) If a court allows a household member to supervise visitation, the court must establish conditions to be followed during the visitation.
(D) A judge may, upon his own motion or upon the motion of any party, prohibit or limit the visitation when necessary to ensure the safety of the child or the parent who is a victim of domestic violence.
(E) If visitation is not allowed or is allowed in a restricted manner to provide for the safety of a child or parent who is a victim of domestic violence, the court may order the address of the child and the victim to be kept confidential.
(F) The court must order a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, the person found by a general sessions, magistrates, municipal, or family court to be the primary aggressor, to pay the actual cost of any medical or psychological treatment for a child who is physically or psychologically injured as a result of one or more acts of domestic violence.
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.