(A) An agreement under this subarticle is temporary and terminates pursuant to Subarticle 4 following the return from deployment of the deployed parent, unless the agreement has been terminated before that time by court order or modification of the agreement pursuant to § 63-15-518. The agreement derives from the parent’s custodial responsibility and does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.

(B) A nonparent given caretaking authority, decision-making authority, or limited contact by an agreement under this subarticle has standing to enforce the agreement until it has been terminated pursuant to an agreement of the parents under § 63-15-518, under Subarticle 4, or by court order.

Terms Used In South Carolina Code 63-15-516

  • Caretaking authority: means the right to live with and care for a child on a day-to-day basis, including physical custody, parenting time, right to access, and visitation. 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
  • Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extra-curricular activities, and travel. See South Carolina Code 63-15-502
  • Limited contact: means the opportunity for a nonparent to visit with a child for a limited period of time. See South Carolina Code 63-15-502
  • Nonparent: means an individual other than a deploying parent or other parent. See South Carolina Code 63-15-502
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
  • Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders. See South Carolina Code 63-15-502
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