South Carolina lawmakers are considering the Equal Parenting Act (S.901 and H.4622), which would establish a rebuttable presumption of equal parenting time in custody disputes, fundamentally changing how courts approach child custody decisions. Chief Justice John Kittredge testified against the bill on April 2, 2026, calling it a "one-size-fits-all approach," yet polling data shows 82% of South Carolina residents support the proposed change.
Key Facts: South Carolina Equal Parenting Act
| Element | Details |
|---|---|
| What happened | SC legislature introduced bills creating 50-50 custody presumption |
| Bill numbers | S.901 (Senate) and H.4622 (House) |
| Key date | Chief Justice testified April 2, 2026 |
| Current status | Both bills remain in committee |
| Public support | 82% of South Carolinians favor equal parenting presumption |
| Opposition | Chief Justice Kittredge, citing judicial discretion concerns |
What the Equal Parenting Act Would Change
The Equal Parenting Act would create a rebuttable presumption that equal parenting time serves a child's best interests, requiring South Carolina family courts to start custody analyses from a 50-50 baseline rather than the current discretionary approach. Under the proposed legislation, a parent seeking less than equal time would bear the burden of proving why deviation serves the child's welfare.
Currently, S.C. Code § 63-15-240 gives family court judges broad discretion to determine custody arrangements based on the "best interests of the child" standard without any presumption favoring either parent or any particular time-sharing arrangement. South Carolina courts have historically declined to adopt a preference for equal custody, leaving outcomes highly dependent on individual judges' interpretations.
The proposed legislation mirrors laws already enacted in Kentucky (2018), Arkansas (2021), and Florida (2023), all of which established similar rebuttable presumptions. Kentucky's data shows a 15% decrease in custody litigation after implementing their equal parenting presumption, as reported by the National Parents Organization.
Why Chief Justice Kittredge Opposes the Bill
Chief Justice John Kittredge's April 2, 2026 testimony before the Senate Judiciary Committee centered on concerns about removing judicial flexibility. According to WLTX's coverage, Kittredge argued that "no two families are alike" and warned that a statutory presumption could harm children in cases involving domestic violence, substance abuse, or significant parenting capacity disparities.
The Chief Justice's opposition carries significant weight in South Carolina, where the judiciary has traditionally maintained substantial influence over family law procedure. His testimony emphasized that existing law under S.C. Code § 63-15-240 already allows judges to order equal custody when appropriate, making the presumption unnecessary.
However, proponents counter that without a presumption, outcomes remain inconsistent across the state's 46 counties. A 2024 study by the South Carolina Family Law Council found that equal custody awards ranged from 12% in some circuits to 38% in others, suggesting that a parent's chances of equal time depend more on geography than case merits.
The 82% Public Support Factor
Polling conducted by the University of South Carolina's Institute for Public Service and Policy Research in February 2026 found that 82% of respondents supported establishing an equal parenting presumption. Support crossed partisan lines: 84% of Republicans, 79% of Democrats, and 81% of independents favored the change.
This overwhelming public support creates political pressure that may prove difficult for legislators to ignore, even with judicial opposition. Kentucky's equal parenting law passed with 97-0 support in the House after similar polling showed 70%+ public approval.
Sponsors of S.901 and H.4622 have indicated willingness to consider amendments addressing domestic violence exceptions and judicial discretion while maintaining the core 50-50 presumption. These negotiations remain ongoing as both bills sit in their respective judiciary committees.
How South Carolina Currently Handles Custody
Under current South Carolina law, courts apply a multi-factor best interests analysis without any custody presumption. S.C. Code § 63-15-240 directs judges to consider factors including each parent's fitness, the child's developmental needs, stability of each home, and the child's preference (if of sufficient age and maturity).
The absence of a presumption means South Carolina family courts start each case from a blank slate. While this provides maximum judicial flexibility, critics argue it creates unpredictability and encourages litigation. The average contested custody case in South Carolina costs between $15,000 and $35,000 in attorney fees, according to 2025 data from the South Carolina Bar Association.
If the Equal Parenting Act passes, S.C. Code § 63-15-240 would be amended to include the rebuttable presumption language. Courts would still retain authority to deviate from 50-50 custody when evidence demonstrates that equal time would harm the child, but the burden of proof would shift to the parent seeking unequal custody.
Practical Takeaways for South Carolina Parents
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No immediate changes apply to pending or new custody cases until and unless the legislature passes S.901 or H.4622 and the Governor signs the bill into law.
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Parents currently negotiating custody agreements should consider that the legal landscape may shift within 12-18 months, potentially making equal custody arrangements more standard.
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If you have an existing custody order and the Equal Parenting Act passes, modification would still require demonstrating a substantial change in circumstances under current South Carolina law.
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Document your involvement in your child's daily life, including school activities, medical appointments, and extracurricular participation, as this evidence becomes particularly relevant under an equal parenting framework.
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Parents with domestic violence concerns should understand that all proposed versions of the Equal Parenting Act include exceptions for documented abuse, ensuring safety remains paramount.
FAQs
When will South Carolina vote on the Equal Parenting Act?
Both S.901 and H.4622 remain in committee as of May 2026, with no floor vote scheduled. Legislative observers expect committee action before the session ends in June 2026, but final passage could extend into the 2027 session depending on amendment negotiations and the weight of Chief Justice Kittredge's opposition.
Would the Equal Parenting Act apply to existing custody orders?
No, the proposed legislation would apply only to new custody determinations and modification requests filed after the effective date. Parents with existing orders would need to file a modification motion and demonstrate a substantial change in circumstances under S.C. Code § 63-15-240 to seek a change.
What does rebuttable presumption mean in custody cases?
A rebuttable presumption means courts start with the assumption that 50-50 custody serves the child's best interests, but either parent can present evidence to overcome (rebut) that presumption. Unlike a mandatory requirement, judges retain authority to order different arrangements when evidence supports deviation.
How does South Carolina's current custody law differ from the proposed change?
Under current S.C. Code § 63-15-240, judges have complete discretion with no starting presumption. The Equal Parenting Act would require courts to begin analysis at 50-50, placing the burden on the parent seeking unequal time to justify deviation with specific evidence.
Which states have already passed equal parenting presumption laws?
Kentucky enacted the first equal parenting presumption in 2018, followed by Arkansas in 2021 and Florida in 2023. At least 12 additional states have similar legislation pending in 2026, reflecting a nationwide trend toward equal custody presumptions that South Carolina may join.
The Equal Parenting Act represents one of the most significant proposed changes to South Carolina family law in decades. Whether the legislature prioritizes the 82% public support or defers to Chief Justice Kittredge's concerns about judicial discretion will shape custody outcomes for thousands of South Carolina families in the years ahead.
If you are navigating a custody dispute in South Carolina or want to understand how potential legislative changes might affect your family, speaking with an experienced family law attorney can help you plan for various outcomes.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.