South Carolina's Chief Justice Has Publicly Opposed the Equal Parenting Act
South Carolina Chief Justice John Kittredge has taken the rare step of publicly opposing the Equal Parenting Act, a bill that would require family courts to presume equal (50/50) custody splits in all divorce and separation cases. In testimony reported by WRDW on April 2, 2026, Kittredge warned that a "statutorily mandated rigid one size fits all approach" contradicts the fundamental purpose of equity courts, which exist to tailor decisions to individual circumstances.
Key Facts
| Element | Details |
|---|---|
| What happened | SC Chief Justice Kittredge publicly opposed the Equal Parenting Act |
| When | April 2026 legislative session |
| Current law | S.C. Code § 63-15-240 uses "best interests of the child" standard |
| Proposed change | Mandatory presumption of 50/50 custody in all cases |
| Who's affected | All divorcing or separating parents with minor children in South Carolina |
| Key concern | Chief Justice states some parents "simply should not be involved in a child's life" |
Why This Matters for South Carolina Families
The Chief Justice's opposition carries significant weight because South Carolina's family courts operate as courts of equity. Under the current framework established by S.C. Code § 63-15-240, judges have broad discretion to evaluate each family's unique circumstances when determining custody arrangements. The Equal Parenting Act would fundamentally restructure this approach by requiring judges to start with an assumption that both parents should receive equal parenting time.
Chief Justice Kittredge's statement that some parents "simply should not be involved in a child's life" highlights cases involving domestic violence, substance abuse, child neglect, or parental unfitness. Under current South Carolina law, judges weigh 12 statutory factors when determining custody, including each parent's involvement in the child's life, the child's developmental needs, and any history of domestic violence under S.C. Code § 63-15-230.
The proposed legislation would shift the burden of proof. Instead of judges weighing all factors equally, parents seeking more than 50% custody would need to prove why equal time is not appropriate. Proponents argue this creates fairness; opponents, including the Chief Justice, argue it removes judicial flexibility needed to protect children.
How South Carolina Currently Handles Custody
South Carolina abolished the "tender years doctrine" (which presumed mothers should have custody of young children) decades ago. The state currently uses a gender-neutral "best interests of the child" standard codified in S.C. Code § 63-15-240. Family court judges consider multiple factors including:
- The temperament and developmental needs of the child
- The capacity and disposition of each parent to understand and meet the child's needs
- The preference of the child (when age-appropriate, typically around 12-14 years old)
- The past and current interaction and relationship between each parent and the child
- The actions of each parent to encourage a relationship between the child and the other parent
- The manipulation or coercive behavior by either parent in a custody proceeding
- Any history of domestic violence, as defined in S.C. Code § 16-25-20
According to South Carolina Judicial Department statistics, approximately 65% of custody arrangements currently result in one parent receiving primary physical custody, while 35% involve some form of shared custody arrangement. The Equal Parenting Act would likely invert these numbers by making 50/50 the default starting point.
The National Context
South Carolina is not alone in considering equal parenting legislation. As of 2026, Kentucky and Arizona have enacted presumptive equal custody laws. Kentucky's 2018 law requires courts to presume joint custody and equal parenting time is in the child's best interest unless evidence suggests otherwise. Arizona's 2013 revision to A.R.S. § 25-403.02 requires courts to maximize parenting time for both parents.
Studies on these laws show mixed results. A 2023 University of Kentucky study found that contested custody litigation decreased by approximately 11% following the law's implementation. However, domestic violence advocates in both states have raised concerns about protective parents facing increased pressure to agree to equal time with abusive ex-partners.
What the Bill Would Actually Change
If the Equal Parenting Act passes, South Carolina family courts would be required to:
- Begin all custody determinations with a presumption that 50/50 physical custody serves the child's best interests
- Require the parent seeking primary custody to present evidence rebutting this presumption
- Document specific findings when awarding unequal custody arrangements
- Consider geographic proximity between parents' residences as a factor in determining feasibility
The bill does include exceptions for documented domestic violence, child abuse, substance abuse, and parental unfitness. However, critics including Chief Justice Kittredge argue these exceptions may not adequately protect children in cases where abuse is difficult to prove or where parents exhibit concerning behavior that falls short of the legal threshold for these exceptions.
Practical Takeaways for South Carolina Parents
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The bill has not passed yet. Current custody determinations continue to follow the existing best interests standard under S.C. Code § 63-15-240.
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Document your involvement in your child's life. Regardless of whether the law changes, courts value evidence of parental engagement including school participation, medical appointments, and daily caregiving.
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If you have safety concerns about your co-parent, document everything. Keep records of incidents, communications, and any behavior that demonstrates unfitness. This evidence will remain relevant under either legal framework.
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Consider how the potential change might affect pending cases. If you are currently negotiating custody and the bill passes, the legal landscape could shift mid-negotiation.
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Contact your state legislators if you have strong feelings about the bill. Chief Justice Kittredge's opposition is notable, but the legislature makes the final decision.
Frequently Asked Questions
Does South Carolina currently favor mothers in custody cases?
No. South Carolina abolished maternal preference decades ago. Under S.C. Code § 63-15-240, courts use gender-neutral "best interests of the child" factors. However, statistics show mothers receive primary custody in approximately 65% of cases, which proponents of the Equal Parenting Act cite as evidence of ongoing bias.
What would happen to existing custody orders if the Equal Parenting Act passes?
Existing custody orders would remain in effect. The new presumption would only apply to new cases or modification requests filed after the law takes effect. Parents seeking to modify existing orders would still need to demonstrate a substantial change in circumstances under S.C. Code § 63-15-240(B).
How would the Equal Parenting Act handle cases involving domestic violence?
The bill includes exceptions for documented domestic violence under S.C. Code § 16-25-20. However, Chief Justice Kittredge's opposition suggests concern that these exceptions may not adequately protect children in all situations. Protective orders and documented abuse findings would allow courts to deviate from the 50/50 presumption.
When might the South Carolina legislature vote on this bill?
The Equal Parenting Act is currently in the legislative process during the April 2026 session. Bills typically require committee hearings, floor votes in both chambers, and the governor's signature. The timeline could range from weeks to months depending on legislative priorities and opposition.
Can I still get primary custody under the new law if it passes?
Yes. The Equal Parenting Act creates a rebuttable presumption, not a mandate. Parents can present evidence demonstrating why 50/50 custody would not serve the child's best interests. Factors such as work schedules, geographic distance between homes, the child's school needs, and parental fitness would remain relevant considerations.
What Comes Next
The Equal Parenting Act faces an uncertain path forward given Chief Justice Kittredge's public opposition. South Carolina's family law community is closely watching how legislators respond to concerns from the state's highest judicial officer. Parents currently navigating custody matters should work with qualified family law attorneys who can advise on both current law and potential changes.
For South Carolina residents concerned about how this legislation might affect their families, consulting with a local family law attorney provides the most reliable guidance for your specific circumstances.
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.