{"data":{"id":"us-sc/s.c.-code-ann.-63-15-368","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 63-15-368","heading":"Physical custody of child.","body":"(A) Unless the court issues a temporary emergency order pursuant to Section 63-15-336, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:\n(1) the child custody determination has not been registered and confirmed under Section 63-15-358 and that:\n(a) the issuing court did not have jurisdiction under Subarticle 2;\n(b) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2; or\n(c) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 63-15-314, in the proceedings before the court that issued the order for which enforcement is sought; or\n(2) the child custody determination for which enforcement is sought was registered and confirmed under Section 63-15-358 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.\n(B) The court shall award the fees, costs, and expenses authorized under Section 63-15-372 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.\n(C) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.\n(D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.","path":["Title 63 - SOUTH CAROLINA CHILDREN'S CODE","CHAPTER 15 Child Custody and Visitation","ARTICLE 3 Uniform Child Custody Jurisdiction and Enforcement Act","Subarticle 3 Enforcement"],"source_url":"https://www.scstatehouse.gov/code/t63c015.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T08:09:44Z","sha256":"41c22636f9acbdca09e6ea38e4e22f12a5080d5c65f3f865ef7b8854acc6a97c","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-63-15-366","next":"us-sc/s.c.-code-ann.-63-15-370"},"notice":"GroundRules: Original legal text. Not legal advice."}