South Carolina "Shared Parenting" Amendment - FAILED

I have received an email from a Father and Organizer Joe Carter - indicating that a determined effort to have the South Carolina Legislature recognize a "Shared Parenting" amendment (Bill H4095) to Family Law  - has failed.   It was already significantly gutted by the Judicary Committee when it arrived in the legislature - and so teh final changes were not really the issue. The challenge seems to be getting endorsement of the concept of "Shared Parenting" - where both parents are on equal ground.  The "winner take all" attitude still prevails.   Nevertheless - I am sure there has been progress in gaining volunteers and educating the public about what "Shared Parenting" really means (or as it has become called in Canada - "Equal Parenting" as that encourages "equality" don't cha know?).

Here is "red-lined" comparison, but even the "Initial Version" has nothing included from Joe Carter's original proposal. (see below).

Joe Carters's website South Carolina Coalition for Parents and Children has alot of good material.
(www.scc4pc.org)

Red-Line Comparison PDF
Legislative Info - Bill H4095 and Bill 373

===================================================================

House Bill H4095 South Carolina General Assembly Bill Information

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.

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 63-15-45. (A) If joint legal custody of a child is awarded to the parents, there is a rebuttable presumption that both parents have joint physical custody of the child. Joint physical custody of the child is defined as equal time-sharing. If a petition is filed challenging joint custody, the burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interest of the child or by one parent waiving the presumption.

(B) Prior to a hearing on the petition, the court shall require the parents to prepare and submit a parenting plan to the court reflecting parental preferences and agreement on matters of substance concerning the child's education, upbringing, religious training, and medical and dental care. The parents shall share decision-making authority and responsibility for important decisions affecting the child's welfare, and if parents are unable to agree, they shall submit to mediation with a preselected mediator.

(C) The court shall hold a hearing at which the parties may introduce evidence. The clear and convincing evidentiary standard must be used in determining if the presumption has been overcome and the court in its order shall issue findings of fact and conclusions of law."

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

=================================================================

Senate Bill 373 South Carolina General Assembly Bill Information

A BILL

TO AMEND ARTICLE 1, CHAPTER 15, TITLE 63 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING CHILD CUSTODY AND VISITATION, BY ADDING SECTION 63-15-70 TO DEFINE JOINT CUSTODY.

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

SECTION 1. The General Assembly finds that:

(1) Both the mother and the father of a child are endowed with the same inalienable, natural rights to parent, nurture, and raise their minor children.

(2) Joint custody is a viable option for parents or the courts of South Carolina to select for custody arrangements for minor children.

(3) Many parents throughout South Carolina utilize joint custody.

(4) The citizens and courts of South Carolina desire to encourage parents to co-parent their minor children and to cooperate as much as practicable in caring for their minor children.

(5) A clear definition of joint custody is desirable and necessary.

SECTION 2. Article 1, Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Section 63-15-70. Joint custody is a custodial arrangement where both the mother and the father equally share the legal custody and physical custody of a minor child such that each parent begins with equal care giving time with the minor child in any manner or fashion determined to meet the child's needs and best interests. Even if one parent in a joint custody arrangement is designated as primary care giver and the other parent is designated as secondary care giver, each parent has equal weight and voice concerning the minor child that must be considered by the other parent before making major decisions regarding the minor child's educational, extracurricular, athletic, medical, spiritual, and emotional wellbeing. Visitation is not involved in joint custody."

SECTION 3. This act takes effect upon approval by the Governor.