Custodial Interference

2025-2026 Bill 4650: Custodial Interference - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4650
STATUS INFORMATION
General Bill
Sponsors: Rep. Edgerton
Document Path: LC-0355VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Custodial Interference
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 46
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 46
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
16-17-495
, RELATING TO CUSTODIAL INTERFERENCE, SO AS TO CHANGE THE AGE
OF THE CHILD TO WHICH THE CRIME OF CUSTODIAL INTERFENCE APPLIES; TO ADD CERTAIN
CONDUCT THAT CONSTITUTES CUSTODIAL INTERFERENCE; AND FOR OTHER PURPOSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
16-17-495
of the S.C. Code is amended to read:

S
ection
16-17-495
.
(
A)(1) When a court of
competent jurisdiction in this State or another state has awarded custody of a
child under the age of
sixteen
eighteen

years or when custody of a child under the age of
sixteen
eighteen
years is established pursuant to Section
63-17-20
(B), it is unlawful for a person with the intent to violate the court
order or Section
63-17-20
(B) to
:

(
a)
take or transport, or cause
to be taken or transported, the child from the legal custodian for the purpose
of concealing the child, or circumventing or avoiding the custody order or
statute
;

(
b) refuse to return the child as
required under the terms of the court custody or visitation order; or

(
c) retain the child beyond the
expiration of visitation time without cause or communication
.

(
2)
When a pleading has been filed and served seeking a determination of custody of
a child under the age of
sixteen
eighteen
, it is unlawful for a person with the intent to
circumvent or avoid the custody proceeding to take or transport, or cause to be
taken or transported, the child for the purpose of concealing the child, or
circumventing or avoiding the custody proceeding. It is permissible to infer
that a person keeping a child outside the limits of this State for more than
seventy-two hours without notice to a legal custodian intended to violate this
subsection.

(
B)
A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon
conviction, must be fined in the discretion of the court or imprisoned not more
than five years, or both.

(
C)
If a person who violates subsection (A)(1) or (2) returns the child to the
legal custodian or to the jurisdiction of the court in which the custody
petition was filed within three days of the violation, the person is guilty of
a misdemeanor and, upon conviction, must be fined in the discretion of the
court or imprisoned not more than three years, or both.

(
D)
Notwithstanding the provisions of this section, if the taking or transporting
of a child in violation of
subsections
subsection
(A)(1) or (2), is by physical force or the
threat of physical force, the person is guilty of a felony and, upon
conviction, must be fined in the discretion of the court or imprisoned not more
than ten years, or both.

(
E)
A person who violates the provisions of this section may be required by the
court to pay necessary travel and other reasonable expenses including, but not
limited to, attorney's fees incurred by the party entitled to the custody or by
a witness or law enforcement.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:38 PM