South Carolina Code 63-15-40. Consideration of domestic violence
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(A) In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence as defined in § 16-25-20 or § 16-25-65 including, but not limited to:
(1) physical or sexual abuse; and
Terms Used In South Carolina Code 63-15-40
- Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) if appropriate, evidence of which party was the primary aggressor, as defined in § 16-25-70.
(B) The absence or relocation from the home by a person, against whom an act of domestic violence has been perpetrated, if that person is not the primary aggressor, must not be considered by the court to be sufficient cause, absent other factors, to deny custody of the minor child to that person.