South Carolina Equal Parenting Act Would Mandate 50-50 Custody Starting Point, But State Supreme Court Chief Justice Warns the Approach Could Harm Children
South Carolina lawmakers are actively debating the Equal Parenting Act in the 2026 legislative session, a bill that would require family court judges to begin all custody cases with a rebuttable presumption of equal (50-50) parenting time when both parents are deemed fit. South Carolina Supreme Court Chief Justice John Kittredge testified against the bill in April 2026, calling rigid custody mandates "contrary to the structure of a court of equity." A competing bill would eliminate all custody presumptions entirely, giving judges complete discretion to determine arrangements based solely on each family's circumstances.
Key Facts: South Carolina Equal Parenting Act
| Element | Details |
|---|---|
| What Happened | SC lawmakers introduced the Equal Parenting Act establishing 50-50 custody presumption |
| When | April 2026 legislative session |
| Who Testified | Chief Justice John Kittredge (opposing the bill) |
| Current Law | S.C. Code Ann. § 63-15-240 requires "best interests of the child" analysis |
| Competing Proposal | Alternative bill would remove all custody presumptions entirely |
| Practical Impact | Would shift burden of proof to parent seeking unequal custody |
Why This Legislative Debate Matters for South Carolina Families
The Equal Parenting Act represents the most significant proposed change to South Carolina custody law in over two decades. Currently, S.C. Code Ann. § 63-15-240 directs judges to consider the "best interests of the child" without any presumption favoring either parent or any specific custody split. This means judges have wide discretion to craft arrangements ranging from sole custody to various shared custody schedules.
Chief Justice Kittredge's opposition carries substantial weight because the South Carolina Supreme Court oversees all family courts in the state. His characterization of mandatory custody formulas as "contrary to the structure of a court of equity" signals that even if the legislature passes the Equal Parenting Act, constitutional challenges could follow.
The debate reflects a national trend. As of April 2026, approximately 25 states have enacted some form of shared parenting presumption, while others have explicitly rejected such mandates. Kentucky became the first state to pass a 50-50 presumption law in 2017, and studies from that state show mixed results on outcomes for children and litigation rates.
How South Carolina Currently Handles Child Custody
South Carolina family courts currently apply a multi-factor "best interests" analysis under S.C. Code Ann. § 63-15-240. Judges must consider factors including each parent's temperament, parenting skills, geographic proximity, the child's developmental needs, and each parent's willingness to facilitate a relationship with the other parent.
Under current law, there is no presumption that mothers or fathers should receive primary custody. The 2012 amendments to South Carolina's custody statutes explicitly removed outdated language that had historically favored maternal custody for young children (the "tender years doctrine").
South Carolina courts distinguish between "legal custody" (decision-making authority over education, healthcare, and religious upbringing) and "physical custody" (where the child resides). Joint legal custody is common, but physical custody arrangements vary widely based on individual family circumstances.
The state also maintains a guardian ad litem program under S.C. Code Ann. § 63-3-810, which allows courts to appoint an independent advocate to investigate and report on the child's best interests. Guardian ad litem reports often significantly influence custody outcomes, particularly in contested cases.
What the Equal Parenting Act Would Change
If passed, the Equal Parenting Act would fundamentally restructure how custody cases begin. Instead of judges starting with a blank slate and determining an appropriate arrangement, they would begin with the assumption that 50-50 physical custody serves the child's best interests.
The presumption would be "rebuttable," meaning a parent could present evidence to overcome it. However, this shifts the burden of proof to the parent seeking a different arrangement. That parent would need to demonstrate specific reasons why equal custody would not serve the child's best interests.
Factors that could rebut the presumption would likely include documented domestic violence, substance abuse, child abuse or neglect, geographic distance between parents making equal time impractical, and significant concerns about a parent's ability to provide adequate care.
Proponents argue the bill would reduce litigation by establishing a clear starting point, potentially saving families thousands of dollars in legal fees. Average contested custody cases in South Carolina cost between $15,000 and $30,000 in attorney fees, according to 2025 data from the South Carolina Bar Association.
The Competing Vision: Eliminating All Presumptions
The alternative bill under consideration takes the opposite approach. Rather than establishing a 50-50 presumption, it would explicitly prohibit any presumptions in custody determinations. This proposal responds to concerns that some judges have developed informal presumptions favoring one parent type over another.
Supporters of this approach argue it gives judges the flexibility Chief Justice Kittredge advocated for in his testimony. Each family's circumstances are unique, and what works for a 2-year-old in one family may be entirely inappropriate for a 15-year-old in another.
Critics counter that removing all guidelines could increase unpredictability, making it harder for parents to settle cases without litigation. When outcomes are unpredictable, parties have less incentive to negotiate and more reason to take their chances before a judge.
Practical Takeaways for South Carolina Parents
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No changes are in effect yet. The Equal Parenting Act remains under legislative consideration as of April 2026. Current custody cases continue under existing S.C. Code Ann. § 63-15-240 best interests standards.
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Document your parenting involvement regardless of which bill passes. Courts will continue to consider each parent's historical involvement in childcare, school activities, medical appointments, and daily routines.
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Understand that "rebuttable presumption" does not mean automatic 50-50. Even if the Equal Parenting Act passes, judges will retain authority to order different arrangements when evidence supports deviation from equal time.
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Geographic considerations remain critical. Parents who live far apart face practical barriers to equal custody regardless of any presumption. Courts will continue considering logistics like school districts and commute times.
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Mediation may become even more valuable. Whether the law changes or not, parents who can negotiate their own agreements generally achieve outcomes better tailored to their specific family needs than court-imposed arrangements.
Frequently Asked Questions
Does South Carolina currently favor mothers in custody cases?
No. South Carolina eliminated the "tender years doctrine" in 2012. Under current S.C. Code Ann. § 63-15-240, judges apply gender-neutral "best interests" factors. Statewide data from 2024 showed approximately 35% of custody orders included some form of shared physical custody arrangement, up from 22% in 2015.
When would the Equal Parenting Act take effect if passed?
If the South Carolina General Assembly passes the Equal Parenting Act in the 2026 session and the Governor signs it, the law would typically take effect on January 1, 2027. Pending custody cases filed before the effective date would generally proceed under existing law unless the new statute specifies otherwise.
Can a parent with domestic violence history get 50-50 custody under this bill?
No. The Equal Parenting Act's presumption would be rebuttable. Documented domestic violence under S.C. Code Ann. § 63-15-190 would provide grounds to overcome the presumption. South Carolina law already restricts custody and visitation for parents with substantiated abuse histories, and these protections would remain in place.
How much does a contested custody case cost in South Carolina?
Contested custody cases in South Carolina typically cost between $15,000 and $30,000 in attorney fees, according to 2025 South Carolina Bar Association data. Cases requiring custody evaluations, guardian ad litem appointments, or extended litigation can exceed $50,000. Mediation generally costs between $2,000 and $5,000 and resolves approximately 70% of cases without trial.
What should I do if I'm currently in a custody dispute?
Continue working within the current legal framework under S.C. Code Ann. § 63-15-240. Document your involvement in your child's daily life, maintain a cooperative co-parenting approach when safe to do so, and consult with a South Carolina family law attorney about how pending legislation might affect your specific 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.
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