South Carolina § 63-15-368 - Physical custody of child.

§ 63-15-368. Physical custody of child.

(A) Unless the court issues a temporary emergency order pursuant to Section 63-15-336, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) the child custody determination has not been registered and confirmed under Section 63-15-358 and that:

(a) the issuing court did not have jurisdiction under Subarticle 2;

(b) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2; or

(c) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 63-15-314, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and confirmed under Section 63-15-358 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.

(B) The court shall award the fees, costs, and expenses authorized under Section 63-15-372 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(C) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.

HISTORY: 2008 Act No. 361, SECTION 2.