(A) If a military parent is required to be separated from a child due to military service, a court shall not enter a final order modifying the terms establishing custody or visitation contained in an existing order until ninety days after the military parent is released from military service. A military parent's absence or relocation because of military service must not be the sole factor supporting a change in circumstance or grounds sufficient to support a permanent modification of the custody or visitation terms established in an existing order.
(B) An existing order establishing the terms of custody or visitation in place at the time a military parent is called to military service may be temporarily modified to make reasonable accommodation for the parties because of the military parent's service. A temporary modification automatically terminates when the military parent is released from service and, upon release, the original terms of the custody or visitation order in place at the time the military parent was called to military service are automatically reinstated.
(C) A temporary modification order issued pursuant to this section must provide that the military parent has custody of the child or reasonable visitation, whichever is applicable pursuant to the original order, with the child during a period of leave granted to the military parent during their military service. If a temporary modification order is not issued pursuant to this section, the nonmilitary custodial parent shall make the child or children reasonably available to the military parent when the military parent has leave to ensure that the military parent has reasonable visitation and is able to visit the child or children.
(D) If there is no existing order establishing the terms of custody or visitation and it appears that military service is imminent, upon motion by either parent, the court shall expedite a temporary hearing to establish temporary custody or visitation to ensure the military parent has access to the child, to establish support, and provide other appropriate relief.
HISTORY: 2009 Act No. 25, Section 1, eff June 2, 2009.
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.