South Carolina Code 63-15-514. Form of agreement
(B) An agreement under subsection (A) must be:
Terms Used In South Carolina Code 63-15-514
- 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 - 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
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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) in writing; and
(2) signed by both parents and any nonparent to whom custodial responsibility is granted.
(C) An agreement under subsection (A), if feasible, must:
(1) identify to the extent feasible the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent, if applicable;
(3) specify a decision-making authority that accompanies a grant of caretaking authority;
(4) specify any grant of limited contact to a nonparent;
(5) if the agreement shares custodial responsibility between the other parent and a nonparent or between two nonparents, provide a process to resolve any dispute that may arise;
(6) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child; any role to be played by the other parent in facilitating the contact; and allocation of any costs of communications;
(7) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8) acknowledge that any party’s existing child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9) provide that the agreement terminates following the deploying parent’s return from deployment according to the procedures in Subarticle 4; and
(10) if the agreement must be filed pursuant to § 63-15-522, specify which parent shall file the agreement.
(D) The omission of an item in subsection (C) does not invalidate an agreement entered into pursuant to this section.