South Carolina lawmakers have introduced the Equal Parenting Act — Senate Bill 901 and House Bill 4622 — which would require family court judges to begin every custody determination with a rebuttable presumption of equal (50/50) parenting time. SC Supreme Court Chief Justice John Kittredge testified against the bill on April 2, 2026, warning it "ties judges' hands" and undermines South Carolina's equity-based family court system.
Key Facts
| Detail | Summary |
|---|---|
| What happened | SC legislators introduced the Equal Parenting Act requiring 50/50 custody presumption |
| Bills | Senate Bill 901 and House Bill 4622 |
| When | April 2026 legislative session |
| Who opposes | SC Supreme Court Chief Justice John Kittredge |
| States with similar bills | Mississippi, Colorado, Rhode Island, California (2026 wave) |
| Current SC standard | Best interest of the child under S.C. Code § 63-15-230 |
What the Equal Parenting Act Would Change
The Equal Parenting Act would fundamentally restructure how South Carolina family courts approach custody by replacing judicial discretion with a statutory starting point. Under the proposed legislation, every custody case would begin with a presumption that roughly equal parenting time — commonly understood as 50/50 — serves the child's best interest. A parent seeking a different arrangement would bear the burden of rebutting that presumption with evidence.
This is a significant departure from how South Carolina courts currently operate. Under existing law, judges weigh a broad set of factors under S.C. Code § 63-15-230 without any mandated starting ratio. The court considers each parent's fitness, the child's developmental needs, stability of the home environment, and the willingness of each parent to encourage the child's relationship with the other parent. No particular custody arrangement is presumed superior.
Chief Justice Kittredge's opposition carries unusual weight. As reported by WIS-TV, the Chief Justice told legislators that "the statutorily mandated rigid one size fits all approach to child custody is contrary to the structure of a court of equity." South Carolina's family courts are courts of equity, meaning judges are specifically empowered to craft individualized outcomes based on the unique circumstances of each family. A statutory presumption narrows that power considerably.
How South Carolina Custody Law Works Today
South Carolina currently uses a pure best-interest standard with no presumption favoring either parent or any specific timesharing arrangement. Under S.C. Code § 63-15-230, judges evaluate multiple factors including the temperament and developmental needs of the child, each parent's capacity to provide for those needs, the preference of the child (if the child is of sufficient age), and any history of domestic violence or substance abuse.
South Carolina courts gained additional clarity through the landmark 2017 decision in Stoney v. Stoney, where the SC Supreme Court reinforced that parenting arrangements must be tailored to specific family circumstances rather than driven by formulaic approaches. The court emphasized that rigid schedules can harm children when they ignore practical realities like school proximity, parental work schedules, and the child's established routines.
Under S.C. Code § 63-15-240, courts must also consider each parent's willingness to facilitate a close and continuing relationship between the child and the other parent. Supporters of the Equal Parenting Act argue this factor already points toward equal time. Opponents counter that willingness to co-parent and ability to provide equal time are fundamentally different questions.
South Carolina's family court judges currently handle approximately 28,000 domestic relations cases annually, according to the SC Judicial Department's 2025 caseload report. Introducing a presumption into that volume of cases would alter courtroom dynamics significantly, potentially requiring additional evidentiary hearings whenever a parent seeks to rebut the 50/50 starting point.
The Nationwide 50/50 Custody Wave
South Carolina is not acting in isolation. The Equal Parenting Act joins a coordinated 2026 legislative wave across at least 5 states pursuing similar rebuttable presumptions. Mississippi passed its equal parenting presumption into law in early 2026. Colorado, Rhode Island, and California all have active bills in various stages of committee review.
Kentucky became the first state to enact a rebuttable presumption of equal parenting time in 2018 under KRS § 403.270, and studies published since then have produced mixed results. A 2023 University of Kentucky study found that contested custody filings decreased by approximately 11% in the 3 years following implementation, suggesting the presumption may reduce litigation. However, domestic violence advocates have raised concerns that presumptions can make it harder for abuse survivors to obtain protective custody arrangements.
Arizona adopted a "maximize parenting time" standard in 2013 under ARS § 25-403.02, stopping short of a 50/50 presumption but moving in that direction. Arizona's experience shows that statutory language matters enormously — "maximize" has been interpreted differently across Maricopa, Pima, and other counties, creating inconsistency that South Carolina's bill drafters should study carefully.
Practical Takeaways for South Carolina Parents
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The Equal Parenting Act has not passed yet. South Carolina's current custody standard remains the individualized best-interest analysis under S.C. Code § 63-15-230, and judges retain full discretion to order any parenting arrangement supported by the evidence.
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Parents currently involved in custody proceedings should not assume a 50/50 outcome is more or less likely because of this bill. Courts will continue applying existing law until and unless the legislature enacts a change and the governor signs it.
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If the bill passes, the rebuttable presumption means 50/50 becomes the starting point — not the guaranteed outcome. A parent can still present evidence that a different arrangement better serves the child's interests, including evidence of domestic violence, substance abuse, geographic distance, or a child's specific developmental needs.
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Documentation matters regardless of what happens legislatively. Parents who maintain consistent involvement in their children's daily lives — attending school events, medical appointments, extracurricular activities — build a factual record that supports their parenting capacity under any legal standard.
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South Carolina parents with existing custody orders would likely not be automatically affected by new legislation. Modification of existing orders typically requires showing a substantial change in circumstances under S.C. Code § 63-15-230, and passage of a new statute alone may or may not meet that threshold depending on how the law is drafted.
Frequently Asked Questions
Does South Carolina currently have a 50/50 custody presumption?
No. South Carolina uses a pure best-interest-of-the-child standard under S.C. Code § 63-15-230 with no presumption favoring any specific custody arrangement. Judges weigh multiple factors including parental fitness, the child's needs, and stability to craft individualized parenting plans. The Equal Parenting Act (SB 901/HB 4622) would change this by creating a rebuttable 50/50 starting point.
What does "rebuttable presumption" mean in custody cases?
A rebuttable presumption means the court starts with the assumption that 50/50 parenting time serves the child's best interest, but either parent can present evidence to overcome that assumption. Under South Carolina's proposed Equal Parenting Act, a parent could rebut the presumption by demonstrating factors like domestic violence, substance abuse, or geographic impracticality. The burden of proof shifts to the parent seeking a non-equal arrangement.
How many states have passed 50/50 custody presumptions as of 2026?
Kentucky enacted the first rebuttable presumption of equal parenting time in 2018 under KRS § 403.270, and Mississippi followed in early 2026. At least 5 additional states — including South Carolina, Colorado, Rhode Island, and California — have active bills in their 2026 legislative sessions. Arizona adopted a related "maximize parenting time" standard in 2013 but stopped short of a true 50/50 presumption.
Would the SC Equal Parenting Act affect existing custody orders?
Existing South Carolina custody orders would likely remain in effect unless a parent files for modification. Under S.C. Code § 63-15-230, modifying custody requires demonstrating a substantial change in circumstances. Whether passage of a new presumption statute alone qualifies as a substantial change would depend on the bill's final language and subsequent court interpretation. Parents with existing orders should consult a family law attorney before assuming any automatic changes.
Why does the SC Chief Justice oppose the Equal Parenting Act?
Chief Justice John Kittredge testified on April 2, 2026, that the bill's "statutorily mandated rigid one size fits all approach to child custody is contrary to the structure of a court of equity." South Carolina family courts are courts of equity, meaning judges are specifically empowered to craft individualized outcomes. Kittredge's concern is that a 50/50 presumption constrains judicial discretion and may produce outcomes that harm children in cases where equal time is impractical or unsafe.
This bill is worth watching closely. Whether you support broader father involvement in custody cases or worry about the impact on domestic violence survivors, the Equal Parenting Act represents the most significant proposed change to South Carolina custody law in over a decade. The outcome in Columbia will likely influence how other states in the 2026 wave draft their own versions.
Find a South Carolina family law attorney in your county to discuss how current custody law 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.