Thursday, February 22, 2007
LATEST VERSION OF SC GRANDPARENTS' VISITATION BILL
According to the Associated Press, grandparents in South Carolina "can petition for visitation only if one or both of the parents are dead, divorced or living apart." But the following is the latest proposal pending before the South Carolina Legislature:
A BILL TO AMEND SECTION 20-7-420, AS AMENDED, 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 IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.
Be it enacted by the General Assembly of the State of South Carolina:SECTION 1. Section 20-7-420(A)(33) of the 1976 Code, as amended by Act 429 of 1994, is further amended to read:
"(33) To order visitation for the grandparent of a minor child if the court finds by clear and convincing evidence that:(a) the child's parents or guardian are depriving the grandparent of the opportunity to visit with the child; and(b) it is in the best interest of the child to have visitation with the grandparent.
For purposes of this item, 'grandparent' means the natural or adoptive parent of any parent to a minor child."
SECTION 2. This act takes effect upon approval by the Governor.
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In our view, this proposed legislation has the potential to be disastrous. Why should the Court intervene in these types of disputes when the grandchildren are neither in danger nor being mistreated?
A BILL TO AMEND SECTION 20-7-420, AS AMENDED, 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 IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.
Be it enacted by the General Assembly of the State of South Carolina:SECTION 1. Section 20-7-420(A)(33) of the 1976 Code, as amended by Act 429 of 1994, is further amended to read:
"(33) To order visitation for the grandparent of a minor child if the court finds by clear and convincing evidence that:(a) the child's parents or guardian are depriving the grandparent of the opportunity to visit with the child; and(b) it is in the best interest of the child to have visitation with the grandparent.
For purposes of this item, 'grandparent' means the natural or adoptive parent of any parent to a minor child."
SECTION 2. This act takes effect upon approval by the Governor.
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In our view, this proposed legislation has the potential to be disastrous. Why should the Court intervene in these types of disputes when the grandchildren are neither in danger nor being mistreated?
