(A) An order granting custodial responsibility pursuant to this article must:

(1) designate the order as temporary; and

Terms Used In South Carolina Code 63-15-538

  • 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
  • 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
  • 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
  • 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
  • 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
  • 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

(2) identify to the extent feasible the destination, duration, and conditions of the deployment.

(B) If applicable, a temporary order for custodial responsibility must:

(1) specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;

(2) if the order divides caretaking or decision-making authority between individuals or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any significant dispute that may arise;

(3) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;

(4) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or is otherwise available, unless contrary to the best interest of the child;

(5) provide for reasonable contact between the deploying parent and the child following return from deployment until the temporary order is terminated, which may include more time than the deploying parent spent with the child before entry of the temporary order; and

(6) provide that the order will terminate following return from deployment according to the procedures pursuant to Subarticle 4.

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