2003-2004 Bill 1058: Minors Name Change; Family Court Judge May Appoint a Guardian Ad Litem

South Carolina General Assembly

115th Session, 2003-2004

S. 1058

STATUS INFORMATION

General Bill

Sponsors: Senators Martin and Richardson

Document Path: l:\s-jud\bills\martin\jud0133.lam.doc

Introduced in the Senate on March 11, 2004

Introduced in the House on April 15, 2004

Last Amended on April 13, 2004

Currently residing in the House Committee on Judiciary

Summary: Minors name change; family court judge may appoint a guardian ad litem

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

3/11/2004SenateIntroduced and read first time SJ6

3/11/2004SenateReferred to Committee on JudiciarySJ6

4/7/2004SenateCommittee report: Favorable with amendment JudiciarySJ9

4/8/2004Scrivener's error corrected

4/13/2004SenateAmended SJ10

4/13/2004SenateRead second time SJ10

4/13/2004SenateOrdered to third reading with notice of amendments SJ10

4/14/2004SenateRead third time and sent to House SJ29

4/15/2004HouseIntroduced and read first time HJ7

4/15/2004HouseReferred to Committee on JudiciaryHJ7

4/15/2004Scrivener's error corrected

VERSIONS OF THIS BILL

3/11/2004

4/7/2004

4/8/2004

4/13/2004

4/15/2004

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 13, 2004

S.1058

Introduced by Senators Martin and Richardson

S. Printed 4/13/04--S.[SEC 4/15/04 3:52 PM]

Read the first time March 11, 2004.

[1058-1]

A BILL

TO AMEND SECTION 154910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A CHANGE OF A MINOR CHILD’S NAME, SO AS TO PROVIDE THAT A FAMILY COURT JUDGE MAY APPOINT A GUARDIAN AD LITEM AND TO PROVIDE AN EXCEPTION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1. Section 154910 of the 1976 Code is amended to read:

“Section 154910.(A)A person who desires to change his name maymust petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.

(B)(1)A parent who desires to change the name of his minor child maymust petition, in writing, a family court judge in the appropriate circuit. The other parent, or if there is not one then the child, must be named as a party in the action unless waived by the court.

(2)TheExcept as provided in item (3), the court shall appoint a guardian ad litem to represent the child.

(3)In cases where the parents (a) are the parties to the action and (b) agree that the appointment of a guardian ad litem is not necessary, the court may, in its discretion, determine that it is not in the best interest of the child to appoint a guardian ad litem.

(4)The court shall grant the petition if it finds that it is in the best interest of the child.”

SECTION2.This act takes effect upon approval by the Governor.

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