South Carolina Code 63-15-336. Temporary jurisdiction
(B) If there is no previous child custody determination that is entitled to be enforced under this article and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 63-15-330 through 63-15-334, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 63-15-330 through 63-15-334. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 63-15-330 through 63-15-334, a child custody determination made under this section becomes a final determination, if it so provides and this State becomes the home state of the child.
Terms Used In South Carolina Code 63-15-336
- Abandoned: means left without provision for reasonable and necessary care or supervision. See South Carolina Code 63-15-302
- Child: means an individual who has not attained eighteen years of age. See South Carolina Code 63-15-302
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See South Carolina Code 63-15-302
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See South Carolina Code 63-15-302
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See South Carolina Code 63-15-302
- Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See South Carolina Code 63-15-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. See South Carolina Code 63-15-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 63-15-302
- Statute: A law passed by a legislature.
(C) If there is a previous child custody determination that is entitled to be enforced under this article, or a child custody proceeding has been commenced in a court of a state having jurisdiction under §§ 63-15-330 through 63-15-334, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 63-15-330 through 63-15-334. The order issued in this State remains in effect until an order is obtained from the other state within the period specified or the period expires.
(D) A court of this State which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under §§ 63-15-330 through 63-15-334, shall immediately communicate with the other court. A court of this State, which is exercising jurisdiction pursuant to §§ 63-15-330 through 63-15-334, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.