(A) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
(B) An agreement under subsection (A) must be:
(1) in writing; and
(2) signed by both parents and any nonparent to whom custodial responsibility is granted.
(C) An agreement under subsection (A), if feasible, must:
(1) identify to the extent feasible the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent, if applicable;
(3) specify a decision-making authority that accompanies a grant of caretaking authority;
(4) specify any grant of limited contact to a nonparent;
(5) if the agreement shares custodial responsibility between the other parent and a nonparent or between two nonparents, provide a process to resolve any dispute that may arise;
(6) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child; any role to be played by the other parent in facilitating the contact; and allocation of any costs of communications;
(7) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8) acknowledge that any party's existing child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9) provide that the agreement terminates following the deploying parent's return from deployment according to the procedures in Subarticle 4; and
(10) if the agreement must be filed pursuant to Section 63-15-522, specify which parent shall file the agreement.
(D) The omission of an item in subsection (C) does not invalidate an agreement entered into pursuant to this section.
HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.
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.