SC Equal Parenting Act H.B. 4622: 50-50 Custody Presumption Explained

South Carolina Lawmakers Consider Mandatory 50-50 Custody Starting Point

South Carolina's Equal Parenting Act (H.B. 4622) would fundamentally change how family courts approach child custody by requiring judges to begin every case with a presumption that equal (50-50) parenting time serves the child's best interest. The bill, currently before a House subcommittee as of April 2026, has drawn sharp opposition from SC Supreme Court Chief Justice John Kittredge, who warned that a "rigid one size fits all approach" could harm children in high-conflict or abuse cases.

Why This Bill Represents a Major Shift in South Carolina Custody Law

South Carolina currently operates under a pure "best interest of the child" standard without any presumption favoring either parent or any specific custody arrangement. Under S.C. Code § 63-15-240, judges consider factors including the child's developmental needs, each parent's fitness, the child's existing relationship with each parent, and any history of domestic violence—but the statute does not instruct judges to begin with any particular custody split.

H.B. 4622 would change this framework by creating what attorneys call a "rebuttable presumption." This means the court would start from the position that 50-50 parenting time is best, and a parent seeking a different arrangement would bear the burden of proving why equal time would not serve the child's interests.

This distinction matters enormously in practice. Currently, judges in South Carolina have broad discretion to craft custody arrangements ranging from 50-50 splits to primary custody with one parent and limited visitation for the other. Under the proposed law, parents seeking anything other than equal time would need to affirmatively demonstrate why deviation is warranted.

According to reporting by WIS-TV, approximately 35 states have considered similar legislation in recent years, with Kentucky, Arizona, and Arkansas among those that have adopted some form of shared parenting presumption.

How South Carolina Courts Currently Determine Custody Arrangements

Under existing South Carolina law, custody determinations follow a multi-factor analysis codified in S.C. Code § 63-15-240. Judges must weigh at least 12 statutory factors, including:

• The temperament and developmental needs of the child
• The capacity and disposition of each parent to provide for the child's emotional, physical, and educational needs
• The preference of the child if the child is of sufficient age and maturity (typically 12-14 years old)
• The past and current interaction between each parent and the child
• Any history of domestic violence or child abuse
• The stability of each parent's home environment
• The ability of each parent to encourage a relationship between the child and the other parent

South Carolina courts have historically resisted rigid formulas. In the 2018 case Patel v. Patel, the South Carolina Court of Appeals emphasized that "no single factor controls" and that custody determinations "must be tailored to the unique circumstances of each family."

The Chief Justice's Concerns

SC Supreme Court Chief Justice John Kittredge's opposition to H.B. 4622 centers on the potential for a presumption to override judicial discretion in cases where equal parenting time could endanger children. In cases involving documented domestic violence, substance abuse, or child neglect, a 50-50 starting point could place the burden on victims to prove why equal access should not apply.

Chief Justice Kittredge specifically warned against what he called a "rigid one size fits all approach" that fails to account for the vast diversity of family circumstances South Carolina courts encounter. Domestic violence advocacy groups have echoed these concerns, noting that abusers could use a 50-50 presumption to maintain control over victims through ongoing custody disputes.

What the Research Shows About Equal Parenting Time

Proponents of H.B. 4622 cite research suggesting that children benefit from substantial time with both parents. A 2017 meta-analysis published in the Journal of Family Psychology, examining 40 studies involving over 60,000 children, found that children in shared custody arrangements showed better outcomes across measures of emotional well-being, academic performance, and behavioral adjustment compared to children in sole custody situations.

However, researchers caution that these findings do not account for high-conflict families or cases involving domestic violence. A 2019 study in Family Court Review found that shared custody arrangements in high-conflict divorces were associated with increased anxiety and depression in children, particularly when parents could not communicate effectively about scheduling and decision-making.

The American Psychological Association has declined to endorse a specific custody presumption, instead recommending that courts maintain flexibility to address each family's unique circumstances.

Practical Takeaways for South Carolina Parents

1. H.B. 4622 has not passed and current South Carolina law remains unchanged. If you are currently in a custody dispute, the "best interest" standard under S.C. Code § 63-15-240 still applies without any presumption.

2. Document your involvement in your child's daily life now. Whether or not the law changes, courts consider each parent's historical involvement in caregiving, education, and medical decisions when determining custody arrangements.

3. Understand that a presumption is rebuttable, not absolute. Even if H.B. 4622 passes, judges would retain authority to order different arrangements when evidence demonstrates that 50-50 time would not serve the child's interests.

4. If you have concerns about domestic violence or substance abuse, gather documentation now. Under a presumption model, the burden shifts to the parent seeking deviation from 50-50 time to prove why equal parenting would be inappropriate.

5. Consult with a South Carolina family law attorney to understand how pending legislation could affect your specific situation. Legislative changes can take effect quickly once passed, and preparation now can position you better regardless of the outcome.

Frequently Asked Questions

Has South Carolina passed the Equal Parenting Act yet?

No, South Carolina has not passed H.B. 4622 as of April 2026. The bill remains before a House subcommittee, which has not yet scheduled a vote. Current custody cases continue under the existing "best interest" standard in S.C. Code § 63-15-240, which includes no presumption favoring any particular custody arrangement.

What does a 50-50 custody presumption actually mean in practice?

A 50-50 custody presumption means judges would begin every custody case assuming equal parenting time serves the child's best interest. Parents seeking a different arrangement—such as primary custody or limited visitation—would bear the burden of proving why equal time is inappropriate. This shifts the default from judicial discretion to equal time as the starting point.

Can a parent overcome the 50-50 presumption if it passes?

Yes, rebuttable presumptions can be overcome with sufficient evidence. Under most equal parenting statutes, courts can deviate from 50-50 time when evidence demonstrates domestic violence, child abuse or neglect, substance abuse, geographic distance making equal time impractical, or a child's specific developmental needs requiring a different arrangement.

Why does the SC Chief Justice oppose the Equal Parenting Act?

Chief Justice John Kittredge opposes H.B. 4622 because he believes it imposes a "rigid one size fits all approach" that removes necessary judicial discretion. His primary concern is that a statutory presumption could harm children in high-conflict families or cases involving domestic violence by placing the burden on victims to prove why equal access should not apply.

How would H.B. 4622 affect existing custody orders in South Carolina?

The bill's text would primarily affect new custody determinations, not existing orders. However, parents seeking to modify existing custody arrangements after the law takes effect would likely see the presumption applied to modification proceedings. Existing final orders remain enforceable unless a court grants a modification based on a substantial change in circumstances.

Consult a South Carolina Family Law Attorney

Whether you support or oppose the Equal Parenting Act, understanding how custody law affects your family requires personalized legal guidance. A South Carolina family law attorney can explain how current law applies to your situation and help you prepare for potential legislative changes.

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.