(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
HISTORY: 2022 Act No. 128 (H.3821), Section 1, eff April 4, 2022.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 5 - Legal Status Of Children
Section 63-5-10. Spousal and child support.
Section 63-5-20. Obligation to support.
Section 63-5-30. Rights and duties of parents regarding minor children.
Section 63-5-40. Breastfeeding.
Section 63-5-50. Parental immunity in cases of incorrigibility of seventeen year old.
Section 63-5-60. Parental civil liability for damage to State property.
Section 63-5-70. Unlawful conduct toward a child.
Section 63-5-80. Cruelty to children.
Section 63-5-310. Ratification of minor's contracts.
Section 63-5-320. Minor's capacity to borrow for higher education.
Section 63-5-330. Married minors consent to health procedures.
Section 63-5-340. Minor's consent to health services.
Section 63-5-350. Health services to minors without parental consent.
Section 63-5-360. Minor parent consent to health services for child.
Section 63-5-370. Consent not subject to disaffirmance.
Section 63-5-601. Short title.
Section 63-5-605. Definitions.
Section 63-5-610. Scope and jurisdiction.
Section 63-5-615. Nomination of custodian.
Section 63-5-620. Transfer by gift or exercise of power of appointment.
Section 63-5-625. Transfer authorized by will or trust.
Section 63-5-630. Other transfer by fiduciary.
Section 63-5-635. Transfer by obligor.
Section 63-5-640. Receipt for custodial property.
Section 63-5-650. Single custodianship.
Section 63-5-655. Validity and effect of transfer.
Section 63-5-660. Care of custodial property.
Section 63-5-665. Powers of custodian.
Section 63-5-670. Use of custodial property.
Section 63-5-675. Custodian's expenses, compensation, and bond.
Section 63-5-680. Exemption of third person from liability.
Section 63-5-685. Liability to third persons.
Section 63-5-695. Accounting by and determination of liability of custodian.
Section 63-5-700. Termination of custodianship.
Section 63-5-705. Applicability.
Section 63-5-710. Effect on existing custodianships.
Section 63-5-715. Uniformity of application and construction.
Section 63-5-900. Citation of article.