(A) At any time following return from deployment, a temporary agreement granting custodial responsibility pursuant to Subarticle 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

(B) The temporary agreement granting custodial responsibility terminates:

Terms Used In South Carolina Code 63-15-544

  • 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
  • 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

(1) if the agreement to terminate specifies a date for termination, on that date; or

(2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents.

(C) In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates sixty days from the date of the deploying parent‘s giving notice to the other parent of having returned from deployment.

(D) If the temporary agreement granting custodial responsibility was filed with a court pursuant to § 63-15-522, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable period of time after the signing of the agreement. The case number and heading of the existing custodial responsibility or child support case must be provided to the court with the agreement to terminate.

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