(A) A court may issue an order regarding custodial responsibility pursuant to this article only if the court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. If the court has issued a temporary order regarding custodial responsibility pursuant to Subarticle 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.

(B) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Subarticle 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.

Terms Used In South Carolina Code 63-15-506

  • 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, and the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 63-15-502

(C) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.

(D) This section does not prohibit the exercise of temporary emergency jurisdiction by a court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act.

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