(A) On the motion of a deploying parent and in accordance with the law of this State other than this article, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if it is in the best interest of the child.

(B) Unless the grant of caretaking authority to a nonparent under subsection (A) is agreed to by the other parent, the grant is limited to an amount of time not greater than:

Terms Used In South Carolina Code 63-15-532

  • Adult: means an individual who is at least eighteen years of age or an emancipated minor. See South Carolina Code 63-15-502
  • 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
  • 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
  • Close and substantial relationship: means a relationship in which a significant bond exists between a child and a nonparent. 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
  • 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
  • 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
  • Family member: includes a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child and an individual recognized to be in a familial relationship with a child under the law of this State other than this article. 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
  • Other parent: means an individual who, in common with a deploying parent, is:

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

    (b) an individual other than a parent with custodial responsibility of a child under the law of this State other than this article. 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
  • 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

(1) the time granted to the deploying parent in an existing permanent custody order, except that the court may add unusual travel time necessary to transport the child; or

(2) in the absence of an existing permanent custody order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, except that the court may add unusual travel time necessary to transport the child.

(C) A court may grant part of the deploying parent’s decision-making authority for a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if the deploying parent is unable to exercise that authority. When a court grants the authority to a nonparent, the court shall specify the decision-making power that will and will not be granted, including applicable health, educational, and religious decisions.

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