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S.C. Code Ann. § 63-15-330

Basis for jurisdiction

Known as the Uniform Child Custody Jurisdiction and Enforcement Act

The act spans §§ 63-15-300 to 63-15-394 (42 sections).

Applied in 3 court decisions — leading case Anthony H. v. MATTHEW G. (2012)

Most recently applied in South Carolina Department of Social Services v. Tran (October 2016)

2008 Act No. 361, SECTION 2.

How often courts cite this section

20092010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Except as otherwise provided in Section 63-15-336, a court of this State has jurisdiction to make an initial child custody determination only if:

(1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State, but a parent or person acting as a parent continues to live in this State;

(2) a court of another state does not have jurisdiction under item (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 63-15-342 or 63-15-344, and:

(a) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and

(b) substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;

(3) all courts, having jurisdiction under item (1) or (2), have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 63-15-342 or 63-15-344; or

(4) no court of any other state would have jurisdiction under the criteria specified in item (1), (2), or (3).

(B) Subsection (A) is the exclusive jurisdictional basis for making a child custody determination by a court of this State.

(C) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.