Grandparent's Right's Bill in South Carolina

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News about any new happenings or events related to Grandparents raising their grandchildren will be placed here as soon as we are informed and confirm the event.

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JANUARY 3, 2011 TOP NEWS STORY: Grandparents Rights Bill has been introduced in South Carolina. House Bill H.3225 reads as follows:
A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-35 SO AS TO PROVIDE THAT IN DETERMINING THE BEST INTERESTS OF A MINOR CHILD FOR AN AWARD OF CHILD CUSTODY, THE FAMILY COURT SHALL CONSIDER THE GRANDPARENTS AND IMMEDIATE FAMILY MEMBERS OF THE CHILD FOR CUSTODY AND GIVE PRIORITY FOR CUSTODY TO A GRANDPARENT OR IMMEDIATE FAMILY MEMBER EXCEPT OVER A PARENT OF THE CHILD, AND TO PROVIDE THAT IN CONSIDERING PLACEMENT OF A CHILD WITH A GRANDPARENT OR IMMEDIATE FAMILY MEMBER, THE COURT MUST CONSIDER THE RELATIVE CAPABILITY OF THE INDIVIDUAL TO CARE FOR THE CHILD, INCLUDING THE CHARACTER, FITNESS, ATTITUDE, AND INCLINATIONS OF THE INDIVIDUAL AS THEY WOULD IMPACT THE CHILD, IN ADDITION TO THE TOTALITY OF THE CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Section 63-15-35. In determining the best interests of the child, the family court shall consider the grandparents and immediate family members of the child for custody and give priority for custody to a grandparent or immediate family member except over a parent of the child. In considering placement of a child with a grandparent or immediate family member, the court must consider the relative capability of the individual to care for the child, including the character, fitness, attitude, and inclinations of the individual as they would impact the child, in addition to the totality of the circumstances."

SECTION 2. This act takes effect upon approval by the Governor.

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We have had numerous requests for signs to advertise this new bill. In response, here is a link to a file you can download and print:
Click HERE



NOVEMBER 2010

Election Results are in and Grandparents have some NEW friends in the State House of Representatives. See the results HERE
GREAT NEWS for GRANDPARENTS:
The following legislation was passed in June 2010 and signed by the governor, therefore it is now law:
Passed by the General Assembly on June 15, 2010

Summary: Grandparents visitation
6/24/2010 Signed By Governor

AN ACT TO AMEND SECTION 63‑3‑530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE UNREASONABLY DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND HAVE DENIED VISITATION FOR MORE THAN NINETY DAYS, THAT THE GRANDPARENT MAINTAINED A RELATIONSHIP WITH THE CHILD SIMILAR TO A PARENT‑CHILD RELATIONSHIP, THAT AWARDING VISITATION WOULD NOT INTERFERE WITH THE PARENT‑CHILD RELATIONSHIP, AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST; TO AUTHORIZE THE JUDGE TO AWARD ATTORNEY'S FEES TO THE PREVAILING PARTY; AND TO DEFINE “GRANDPARENT".

Be it enacted by the General Assembly of the State of South Carolina:

Grandparent visitation revised

SECTION 1. Section 63‑3‑530(A)(33) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

“(33) to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

(1) the child’s parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and

(2) the grandparent maintained a relationship similar to a parent‑child relationship with the minor child; and

(3) that awarding grandparent visitation would not interfere with the parent‑child relationship; and:

(a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

The judge presiding over this matter may award attorney's fees and costs to the prevailing party.

For purposes of this item, ‘grandparent’ means the natural or adoptive parent of any parent to a minor child;”

Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 21st day of June, 2010.
Approved the 24th day of June, 2010.

As reported in the Greenville News:
The former finance director of South Carolina's social services agency was sentenced Monday to 10 years in prison for stealing more than $5 million from the agency, money he has admitted spending on strippers, alcohol and gambling. Read the complete story published by The Greenville News website by clicking the link on the right side of this page.

We will be watching the progress of this case closely as it apparently reflects the general attitude of DSS towards the families of South Carolina. GRASC advocated a SLED investigation of the intire DSS system to insure there are no other breaches of the public trust by this agency.