South Carolina § 63-15-60 - De facto custodian.

§ 63-15-60. De facto custodian.

(A) For purposes of this section, "de facto custodian" means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:

(1) has resided with the person for a period of six months or more if the child is under three years of age; or

(2) has resided with the person for a period of one year or more if the child is three years of age or older.

Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child must not be included in determining whether the child has resided with the person for the required minimum period.

(B) A person is not a de facto custodian of a child until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.

(C) The family court may grant visitation or custody of a child to the de facto custodian if it finds by clear and convincing evidence that the child's natural parents are unfit or that other compelling circumstances exist.

(D) No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.

(E) If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure.

HISTORY: 2008 Act No. 361, SECTION 2.

Editor's Note

2012 Act No. 259, SECTION 2, provides as follows:

"(A) The South Carolina Family Court Study Committee is created to study the feasibility of tracking the outcome of contested temporary and final custody proceedings in the family court.

"(B) The study committee shall be composed of the following members:

"(1) one member of the judiciary appointed by the Chief Justice of the South Carolina Supreme Court;

"(2) the Director of Court Administration, or his designee;

"(3) the Speaker of the House of Representatives, or his designee;

"(4) the President Pro Tempore of the Senate, or his designee;

"(5) the Chairman of the House Judiciary Committee, or his designee;

"(6) the Chairman of the Senate Judiciary Committee, or his designee; and

"(7) the South Carolina Crime Victim Ombudsman, or his designee.

"(C) The members of the study committee shall serve without compensation and may not receive mileage or per diem.

"(D) Staff of the House of Representatives and the Senate shall serve as staff to the study committee, as needed.

"(E) The study committee shall issue its findings concerning the feasibility of tracking the outcome of temporary and final contested custody proceedings in the family court by January 31, 2013."