South Carolina Code of Laws
Chapter 15 - Child Custody And Visitation
Section 63-15-502. Definitions.

As used in this article:
(1) "Adult" means an individual who is at least eighteen years of age or an emancipated minor.
(2) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis, including physical custody, parenting time, right to access, and visitation.
(3) "Child" means:
(a) an unemancipated individual who has not attained eighteen years of age; or
(b) an adult son or daughter by birth or adoption or under the law of this State, other than this article, who is the subject of an existing court order concerning custodial responsibility.
(4) "Close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
(5) "Court" means an entity authorized under the law of this State, other than this article, to establish, enforce, or modify a decision regarding custodial responsibility.
(6) "Custodial responsibility" is a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes custody, physical custody, legal custody, parenting time, right to access, visitation, and the authority to designate limited contact with a child.
(7) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extra-curricular activities, and travel. The term does not include day-to-day decisions that necessarily accompany a grant of caretaking authority.
(8) "Deploying parent" means a service member, who is deployed or has been notified of impending deployment, and is:
(a) a parent of a child under the law of this State other than this article; or
(b) an individual other than a parent who has custodial responsibility of a child under the law of this State other than this article;
(9) "Deployment" means the movement or mobilization of a service member to a location for more than ninety days but fewer than eighteen months pursuant to an official order that:
(a) is designated as unaccompanied;
(b) does not authorize dependent travel; or
(c) otherwise does not permit the movement of family members to that location.
(10) "Family member" includes a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child and an individual recognized to be in a familial relationship with a child under the law of this State other than this article.
(11) "Limited contact" means the opportunity for a nonparent to visit with a child for a limited period of time. The term includes authority to take the child to a place other than the residence of the child.
(12) "Nonparent" means an individual other than a deploying parent or other parent.
(13) "Other parent" means an individual who, in common with a deploying parent, is:
(a) the parent of a child under the law of this State other than this article; or
(b) an individual other than a parent with custodial responsibility of a child under the law of this State other than this article.
(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(15) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders.
(16) "Service member" means a member of a uniformed service.
(17) "Sign" means, with present intent to authenticate or adopt a record to:
(a) execute or adopt a tangible symbol; or
(b) attach to or logically associate with the record an electronic symbol, sound, or process.
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, and the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(19) "Uniformed service" means:
(a) active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
(b) the Merchant Marine, the commissioned corps of the Public Health Service or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
(c) the National Guard.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.

Structure South Carolina Code of Laws

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 63-15-240. Contents of order for custody affecting rights and responsibilities of parents; best interests of the child.

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 63-15-300. Citation.

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 63-15-316. Immunity.

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 63-15-372. Costs.

Section 63-15-374. Full faith and credit.

Section 63-15-376. Appeals.

Section 63-15-378. Remedies.

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 63-15-400. Decisions on guardianship, custody, or visitation not to be based solely on person's blindness.

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 63-15-542. Modifying or terminating assignment or grant of custodial responsibility to nonparent.

Section 63-15-544. Procedure for terminating temporary grant of custodial responsibility established by agreement.

Section 63-15-546. Consent procedure for terminating temporary grant of custodial responsibility established by court order.

Section 63-15-548. Visitation before termination of temporary grant of custodial responsibility.

Section 63-15-550. Termination by operation of law of temporary grant of custodial responsibility established by court order.

Section 63-15-552. Uniformity of application and construction.

Section 63-15-554. Relation to Electronic Signatures in Global and National Commerce Act.

Section 63-15-556. Savings clause.