(A) Except as provided in subsection (D), and subject to subsection (C), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent providing notification within seven days, such notification must be made as soon as reasonably possible thereafter.

(B) Except as provided in subsection (D), and subject to subsection (C), each parent shall provide in a record the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment as soon as reasonably possible after receiving notice of deployment.

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Terms Used In South Carolina Code 63-15-508

  • 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
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 63-15-502

(C) If an existing court order prohibits disclosure of the address or contact information of the other parent, a notification of deployment pursuant to subsection (A) or notification of a plan for the custodial responsibility during deployment pursuant to subsection (B) may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

(D) Notice in a record is not required if the parents are living in the same residence and there is actual notice of the deployment or plan.

(E) In a proceeding regarding custodial responsibility between parents, a court may consider the reasonableness of a parent’s efforts to comply with this section.

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