South Carolina's Equal Parenting Act would require family court judges to begin all custody cases with a 50-50 parenting time presumption, but Chief Justice John Kittredge has publicly warned lawmakers that mandating equal custody could harm vulnerable children by tying judges' hands in domestic violence cases. The bill, introduced in the 2026 legislative session, follows Mississippi's passage of HB 1662 and reflects a nationwide movement that has now reached 12 states with presumptive joint custody laws.
Key Facts
| Element | Details |
|---|---|
| What happened | SC Equal Parenting Act introduced requiring 50-50 custody presumption |
| When | April 2026 legislative session |
| Who opposes | Chief Justice John Kittredge, SC Supreme Court |
| Key concern | Could "tie judges' hands" in domestic violence cases |
| National context | 12 states now have presumptive joint custody laws |
| Model legislation | Follows Mississippi HB 1662 (passed 2024) |
What the Equal Parenting Act Would Change
The Equal Parenting Act would fundamentally restructure how South Carolina family courts approach custody determinations by creating a statutory presumption that 50-50 parenting time serves the best interests of the child. Under current South Carolina law, codified in S.C. Code § 63-15-240, judges have broad discretion to award custody based on the child's best interests without any presumptive starting point.
The proposed legislation would require judges to begin every custody case assuming equal parenting time is appropriate, then require the objecting parent to prove by a preponderance of evidence why deviation from 50-50 is warranted. Proponents argue this eliminates judicial bias that historically favored mothers in custody disputes, pointing to South Carolina Department of Social Services data showing fathers received primary custody in only 18.3% of contested cases in 2024.
Chief Justice Kittredge's opposition centers on what he calls the "one-size-fits-all problem." In his testimony to the Senate Judiciary Committee, Kittredge warned that mandated presumptions could force judges to award substantial parenting time to parents with documented histories of abuse or neglect, potentially placing children at risk during the lengthy evidentiary process required to overcome the presumption.
How South Carolina Currently Handles Custody
South Carolina's existing custody framework gives family court judges significant latitude to craft parenting arrangements based on individual circumstances. The governing statute, S.C. Code § 63-15-30, lists 15 factors courts must consider when determining custody, including each parent's involvement in the child's life, the child's adjustment to home and school, and any history of domestic violence.
Under the current system, neither parent begins with a legal advantage. South Carolina abolished the "tender years doctrine" favoring mothers in 1985, and the state formally adopted gender-neutral custody standards in S.C. Code § 63-15-10. However, fathers' rights advocates argue that despite neutral language, implicit bias persists in courtroom practice.
The Equal Parenting Act would add S.C. Code § 63-15-245 establishing that courts shall order approximately equal parenting time unless one parent proves by a preponderance of evidence that equal time would not serve the child's best interests. Notably, the bill includes a domestic violence exception requiring courts to consider protective orders within the preceding 5 years as evidence against equal custody.
The Domestic Violence Debate
The most contentious aspect of South Carolina's Equal Parenting Act involves its interaction with domestic violence cases. The South Carolina Coalition Against Domestic Violence has opposed the bill, arguing that a 50-50 presumption creates dangerous scenarios where abuse victims must prove ongoing risk to avoid court-mandated contact between their children and abusive co-parents.
Under the proposed legislation, a parent could overcome the equal custody presumption by presenting evidence of domestic violence, substance abuse, child abuse or neglect, or parental unfitness. However, critics argue the evidentiary burden creates a dangerous gap period. South Carolina family court cases take an average of 8.7 months from filing to final order according to 2025 Court Administration data, during which children could be exposed to unsafe situations under temporary 50-50 arrangements.
Supports counter that the bill specifically allows judges to deviate from equal custody during temporary orders when safety concerns exist. The legislation references S.C. Code § 63-15-250, which would permit courts to order supervised visitation or restricted parenting time pending final determination when credible allegations of abuse are present.
National Movement Context
South Carolina's Equal Parenting Act reflects a broader national movement that gained significant momentum when Mississippi passed HB 1662 in March 2024, becoming the most recent state to adopt presumptive joint custody. Currently, 12 states have some form of presumptive equal parenting laws, including Kentucky (2018), Arizona (2013), and Arkansas (2021).
Research on presumptive custody laws shows mixed outcomes. A 2023 study published in the Family Court Review examined Kentucky's experience five years after adopting presumptive joint custody, finding that contested custody litigation decreased by 23% but also noting a 15% increase in modification petitions within two years of final orders. The study's authors concluded that presumptive laws reduce initial conflict but may shift disputes to the post-decree modification phase.
Fathers' rights organizations including the National Parents Organization gave South Carolina a "D" grade in their 2025 Shared Parenting Report Card, citing the state's lack of presumptive equal custody and what the organization characterizes as inconsistent application of gender-neutral standards across the state's 46 counties.
Practical Takeaways for South Carolina Parents
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The Equal Parenting Act has not passed and current law remains in effect. Parents going through custody disputes should focus on demonstrating involvement in their children's lives under the existing 15-factor test in S.C. Code § 63-15-30.
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Document your parenting involvement thoroughly. Regardless of whether the law changes, evidence of active participation in education, healthcare, extracurricular activities, and daily caregiving strengthens custody positions.
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If you have domestic violence concerns, obtain protective orders immediately. Both current law and the proposed Equal Parenting Act give significant weight to documented protective orders within the past 5 years.
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Consider the bill's timeline carefully when planning filings. If the Equal Parenting Act passes, it would likely take effect January 1, 2027, potentially affecting cases filed after that date differently than those already pending.
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Consult with a South Carolina family law attorney about how pending legislation might affect your specific situation. Strategic decisions about timing of filings or settlement negotiations may depend on legislative developments.
Frequently Asked Questions
Does South Carolina currently have 50-50 custody laws?
No, South Carolina does not currently have presumptive 50-50 custody. Under S.C. Code § 63-15-30, judges consider 15 factors to determine custody arrangements based on the child's best interests. Neither parent starts with a presumed advantage, but equal parenting time is not automatically assumed. The Equal Parenting Act would change this framework if passed.
When could the Equal Parenting Act become law?
The Equal Parenting Act was introduced in April 2026 and must pass both the South Carolina House and Senate before Governor Henry McMaster can sign it. If passed during the 2026 session, it would likely take effect January 1, 2027. The bill faces opposition from Chief Justice Kittredge and domestic violence advocacy groups, making passage uncertain.
How would domestic violence affect custody under the new bill?
The proposed Equal Parenting Act includes specific provisions allowing courts to deviate from 50-50 custody when domestic violence is documented. Protective orders issued within the preceding 5 years would constitute evidence against equal parenting time. However, critics argue the bill places the burden on abuse victims to prove risk rather than requiring the accused parent to demonstrate safety.
What states already have presumptive joint custody?
Twelve states currently have some form of presumptive joint custody laws, including Kentucky (2018), Arizona (2013), Arkansas (2021), and Mississippi (2024). These laws vary significantly in implementation, with some presuming equal legal custody only while others presume equal physical parenting time. South Carolina would join this group if the Equal Parenting Act passes.
Can I request 50-50 custody in South Carolina right now?
Yes, parents can request any custody arrangement including 50-50 parenting time under current South Carolina law. The court will evaluate your request using the 15 factors in S.C. Code § 63-15-30. Equal parenting time is increasingly common in South Carolina when both parents are fit and cooperative, though it is not presumed.
Connect With a South Carolina Family Law Attorney
Navigating custody disputes requires understanding both current law and potential legislative changes. An experienced South Carolina family law attorney can help you develop a strategy that protects your parental rights while prioritizing your children's wellbeing.
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.