South Carolina Supreme Court Chief Justice John Kittredge took the rare step of publicly testifying against H.3085, the Equal Parenting Act, which would establish a rebuttable presumption of equal (50/50) custody in all divorce and separation cases statewide. If enacted, South Carolina would join a growing wave of states — including Mississippi, which passed HB 1662 in 2024 — replacing judicial discretion with a statutory starting point of shared parenting time.
Key Facts
| Detail | Summary |
|---|---|
| What happened | SC Chief Justice Kittredge testified against H.3085, calling it a dangerous constraint on family court judges |
| When | April 2026, during legislative session |
| Bill number | H.3085 — the Equal Parenting Act |
| Current SC law | S.C. Code § 63-15-230 — best interest of the child standard with no custody presumption |
| What it would change | Creates a rebuttable presumption of 50/50 physical custody as the starting point in all cases |
| Who is affected | Every divorcing or separating parent in South Carolina's 46 counties |
Chief Justice Kittredge's Testimony Signals a Major Judicial Pushback
South Carolina's highest-ranking judge does not testify against pending legislation lightly. Chief Justice Kittredge's April 2026 appearance before the legislature represents one of the most direct confrontations between the judiciary and the General Assembly on a family law issue in recent memory. His core argument: H.3085 would strip family court judges of the flexibility they need to protect children in high-conflict, domestic violence, and substance abuse situations.
Kittredge told legislators that a rigid 50/50 presumption would "dangerously constrain" the court's ability to evaluate each family's unique circumstances. That language matters. In legal terms, a rebuttable presumption means one parent would need to affirmatively prove — with evidence meeting a legal standard — that equal time is not in the child's best interest. The burden shifts from the current neutral analysis to an uphill fight against a statutory default.
Supporters of H.3085, including advocacy groups like the National Parents Organization, counter that the current system produces inconsistent outcomes. They point to research suggesting children benefit from meaningful relationships with both parents after divorce, and argue that a 50/50 presumption simply ensures both parents start on equal footing rather than leaving outcomes to individual judges' biases.
How South Carolina Currently Handles Child Custody
South Carolina family courts currently operate under a pure best-interest-of-the-child standard with no presumption favoring either parent or any particular custody arrangement. Under S.C. Code § 63-15-230, judges weigh multiple factors when determining custody, including:
- The temperament and developmental needs of the child
- Each parent's capacity and disposition to provide for the child's needs
- The child's preference (if the child is of sufficient age, typically 12 or older in practice)
- Evidence of domestic violence, substance abuse, or neglect
- Each parent's willingness to encourage the child's relationship with the other parent
- The stability of each parent's home environment
Under S.C. Code § 63-15-240, courts must also consider the effect of custody arrangements on the child's relationship with extended family members. South Carolina does not currently have a statutory preference for joint custody, sole custody, or any specific division of parenting time.
H.3085 would fundamentally change that framework. Instead of a blank slate, every custody case would begin with the assumption that a 50/50 time-sharing arrangement is appropriate. A parent seeking a different arrangement — say, 70/30 or sole custody — would carry the burden of proving why equal time should not apply.
The Nationwide Context: Equal Parenting Bills Are Gaining Momentum
South Carolina is not acting in isolation. Mississippi became the first state to enact a true 50/50 presumption when Governor Tate Reeves signed HB 1662 into law in 2024. Kentucky adopted a similar presumption in 2018 under KRS § 403.270. As of April 2026, at least 25 states have introduced some form of equal-parenting legislation in the current or recent legislative sessions, according to the National Parents Organization's legislative tracker.
The trend reflects a broader cultural shift. A 2023 Pew Research Center survey found that 67% of Americans believe children benefit from spending roughly equal time with both parents after a divorce. Academic research is more nuanced — a 2017 meta-analysis published in the Journal of Family Psychology found that children in joint physical custody arrangements showed better outcomes on average, but the study's authors cautioned that results varied significantly based on parental conflict levels.
Critics, including the National Council of Juvenile and Family Court Judges, warn that a rigid presumption can be weaponized in domestic violence situations. An abusive parent could use the statutory presumption as leverage in negotiations, forcing a victim to litigate — at significant financial and emotional cost — just to overcome the default.
What H.3085 Would Mean for South Carolina Parents
If H.3085 passes, the practical impact on South Carolina custody cases would be significant. Here is what would likely change:
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Every custody case starts at 50/50. Judges would begin from a presumption of equal physical custody rather than evaluating each family from scratch. Parents seeking a different arrangement would need to present evidence rebutting the presumption.
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The burden of proof shifts. Under current law, neither parent carries a presumptive advantage. Under H.3085, a parent arguing against equal time would bear the burden — a meaningful legal disadvantage, particularly in cases involving subtle but real concerns about parenting capacity.
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Settlement dynamics change. Most custody cases in South Carolina settle before trial — roughly 90% by most family court estimates. A statutory 50/50 presumption would reshape negotiating leverage, potentially discouraging parents from seeking arrangements that better fit the child's actual schedule, school location, or developmental needs.
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Domestic violence cases face new hurdles. While H.3085 includes exceptions for documented domestic violence, advocates worry that the standard for rebutting the presumption may be too high for victims who lack police reports, protective orders, or other formal documentation — which national data from the CDC suggests includes roughly 55% of domestic violence victims.
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Existing custody orders could be reopened. Depending on the bill's effective date and retroactivity provisions, parents with existing custody orders might seek modifications arguing that the new presumption justifies a change in their parenting plan.
Practical Takeaways
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Track the bill's progress. H.3085 is still working through the South Carolina General Assembly. Parents currently in custody disputes should not assume the law will change — but should discuss the possibility with their attorney.
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Document everything now. Whether you support or oppose 50/50 custody in your case, thorough documentation of your parenting involvement, your child's needs, and any safety concerns will matter regardless of what framework the court applies.
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Understand what "rebuttable presumption" means. A 50/50 presumption does not mean every case ends at 50/50. It means that is the starting point, and either parent can present evidence to justify a different arrangement. The question is how much evidence, and how high the bar.
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Safety concerns require immediate action. If domestic violence, substance abuse, or child neglect is a factor in your case, ensure those concerns are formally documented — through police reports, medical records, therapist notes, or protective orders — before any potential legislative change raises the evidentiary bar.
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Consult a South Carolina family law attorney. The interplay between current S.C. Code § 63-15-230 and any potential new presumption creates complexity that general legal information cannot address. A local attorney can evaluate how pending legislation might affect your specific situation.
Frequently Asked Questions
Has H.3085 passed into law yet?
No. As of April 2026, H.3085 is still advancing through the South Carolina General Assembly and has not been signed into law. The bill must pass both the House and Senate before reaching the Governor's desk. Current custody cases continue to be governed by S.C. Code § 63-15-230, which uses the best-interest standard with no presumption.
Would H.3085 guarantee 50/50 custody in every case?
No. H.3085 creates a rebuttable presumption, not a mandate. A 50/50 split would be the starting point, but either parent could present evidence — such as domestic violence, substance abuse, work schedules, or the child's specific needs — to justify a different arrangement. Judges would retain authority to order alternative custody splits based on the evidence presented.
How many states have adopted 50/50 custody presumptions?
As of 2026, Kentucky (KRS § 403.270, enacted 2018) and Mississippi (HB 1662, enacted 2024) have formal equal-parenting presumptions. At least 25 other states have introduced similar bills in recent sessions. Arizona, Missouri, and Florida have considered but not yet passed comparable legislation.
Why did the Chief Justice testify against the bill?
Chief Justice Kittredge argued that H.3085 would dangerously constrain family court judges by replacing case-by-case evaluation with a rigid default. His primary concerns centered on high-conflict cases, domestic violence situations, and the loss of judicial flexibility to protect children in complex family dynamics.
Can I modify my existing custody order if H.3085 passes?
Possibly. If H.3085 becomes law, parents with existing orders may petition for modification arguing that the new presumption represents a substantial change in circumstances under S.C. Code § 63-15-240. However, courts would still evaluate whether modification serves the child's best interest, and the bill's specific retroactivity provisions would control.
Connect with a South Carolina family law attorney who can evaluate how this developing legislation applies to your situation.
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.