(A) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.

(B) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction pursuant to § 63-15-506 or, if there is no existing proceeding in a court with jurisdiction pursuant to § 63-15-506, in a new action for granting custodial responsibility during deployment.

Terms Used In South Carolina Code 63-15-524

  • Child: means :

    (a) an unemancipated individual who has not attained eighteen years of age; or

    (b) an adult son or daughter by birth or adoption or under the law of this State, other than this article, who is the subject of an existing court order concerning custodial responsibility. See South Carolina Code 63-15-502
  • Court: means an entity authorized under the law of this State, other than this article, to establish, enforce, or modify a decision regarding custodial responsibility. See South Carolina Code 63-15-502
  • Custodial responsibility: is a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child. See South Carolina Code 63-15-502
  • Deploying parent: means a service member, who is deployed or has been notified of impending deployment, and is:

    (a) a parent of a child under the law of this State other than this article; or

    (b) an individual other than a parent who has custodial responsibility of a child under the law of this State other than this article;

    (9) "Deployment" means the movement or mobilization of a service member to a location for more than ninety days but fewer than eighteen months pursuant to an official order that:

    (a) is designated as unaccompanied;

    (b) does not authorize dependent travel; or

    (c) otherwise does not permit the movement of family members to that location. See South Carolina Code 63-15-502
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
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