South Carolina House Bill 4622, the Equal Parenting Act, would fundamentally change how family courts decide custody by requiring judges to begin every case with a rebuttable presumption that equal (50-50) parenting time serves a child's best interest. SC Supreme Court Chief Justice John Kittredge testified against the bill on April 2, 2026, warning that a "statutorily mandated rigid one size fits all approach" would hamstring family court judges who currently evaluate each family individually.
Key Facts
| Detail | Summary |
|---|---|
| What happened | SC House Bill 4622 (Equal Parenting Act) introduced, requiring 50-50 custody presumption |
| When | Testimony heard April 2, 2026 |
| Who testified against | SC Supreme Court Chief Justice John Kittredge |
| Current law | S.C. Code Ann. § 63-15-230 uses 12 best-interest factors with no presumption |
| National context | Mississippi passed similar HB 1662 in 2026; 12+ states now have equal parenting presumptions |
| Impact | Would shift the burden of proof onto the parent opposing 50-50 time |
What the Equal Parenting Act Would Actually Change
HB 4622 creates a legal starting point, not a guaranteed outcome. Under the bill, every South Carolina custody case would begin with the assumption that splitting parenting time equally between both parents serves the child's best interest. A parent who wants a different arrangement would need to present evidence rebutting that presumption.
This is a significant departure from current South Carolina custody law. Right now, S.C. Code Ann. § 63-15-230 directs judges to weigh 12 factors when determining the best interest of a child, including the temperament of each parent, the child's developmental needs, and each parent's willingness to facilitate a relationship with the other parent. No single factor controls, and no presumption favors either parent or any particular time split.
The bill follows Mississippi's HB 1662, which Governor Tate Reeves signed into law earlier in 2026, making Mississippi one of roughly 12 states that now incorporate some form of shared parenting presumption. Kentucky adopted its presumption in 2018 under KRS § 403.270, and Arizona has operated under a "maximize parenting time" standard since 2013 under A.R.S. § 25-403.02. South Carolina would join this growing national trend if HB 4622 passes.
Why the Chief Justice Pushed Back
Chief Justice Kittredge's objection centers on judicial discretion, not on shared parenting itself. His April 2 testimony argued that a statutory mandate constrains family court judges who currently have the flexibility to tailor custody orders to each family's circumstances. A case involving a newborn infant, for example, presents different developmental considerations than a case involving a 14-year-old. A family where both parents work 9-to-5 in the same school district looks nothing like a family where one parent works offshore for 28-day rotations.
South Carolina family courts already have broad authority under S.C. Code Ann. § 63-15-240 to order any custody arrangement the court finds appropriate. Judges can and do order equal parenting time when the facts support it. The Chief Justice's concern is that a presumption creates a legal thumb on the scale before a judge hears any evidence about that specific family.
This tension between legislative presumptions and judicial discretion is not unique to South Carolina. In states that have adopted shared parenting presumptions, appellate courts have spent years defining the boundaries of what evidence suffices to rebut the presumption. Kentucky's Court of Appeals has handled dozens of cases interpreting its 2018 presumption, clarifying that domestic violence, substance abuse, and geographic distance can all overcome the starting point.
How South Carolina Custody Law Works Right Now
South Carolina currently operates under a pure best-interest standard with no custody presumption favoring either parent. S.C. Code Ann. § 63-15-230 lists 12 factors that judges must consider, 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 child's preference (if the court deems the child of sufficient age and maturity)
- Past and current interaction of each parent with the child
- The manipulative or coercive behavior of either parent in relation to the custody proceeding
- Each parent's willingness to encourage a continuing relationship between the child and the other parent
South Carolina abolished the old "tender years doctrine" that presumed mothers should have custody of young children. The state also has no presumption favoring the primary caretaker, though a parent's history of hands-on involvement carries weight under the factor analysis.
Under S.C. Code Ann. § 63-15-240, courts can award sole custody, joint custody, or any other arrangement. Joint custody in South Carolina does not automatically mean 50-50 time. It means both parents share decision-making authority, while the physical schedule can range from a 50-50 split to an 80-20 arrangement depending on the family's circumstances.
Practical Takeaways for South Carolina Parents
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HB 4622 has not passed yet. South Carolina family courts continue to operate under the existing 12-factor best-interest analysis in S.C. Code Ann. § 63-15-230. Do not assume a 50-50 presumption applies to your case today.
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If the bill passes, the presumption would be rebuttable. A parent can still argue for a different arrangement by presenting evidence that equal time does not serve the child's best interest. Factors like domestic violence history, substance abuse, work schedules, and geographic distance between households would all remain relevant.
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Document your involvement now. Whether or not this bill becomes law, courts evaluate parenting history. Parents who want equal time should be actively involved in school events, medical appointments, extracurricular activities, and daily routines. A log of involvement strengthens any custody position.
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Understand the difference between legal custody and physical custody. Even under the proposed bill, the presumption applies to parenting time (physical custody). Decision-making authority regarding education, healthcare, and religious upbringing is a separate determination under South Carolina law.
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Watch the legislative calendar. HB 4622 must clear the SC House Judiciary Committee, pass a full House vote, pass the Senate, and be signed by the governor. Any of these stages could amend, stall, or defeat the bill. The 2026 legislative session runs through mid-June.
Frequently Asked Questions
Does South Carolina currently presume 50-50 custody?
No. South Carolina has no custody presumption. Under S.C. Code Ann. § 63-15-230, judges evaluate 12 best-interest factors individually in every case. Neither parent starts with an advantage, and no specific time split is presumed. The proposed HB 4622 would change this by creating a rebuttable 50-50 starting point.
What does "rebuttable presumption" mean in a custody case?
A rebuttable presumption means the court starts with an assumption (here, that 50-50 time is best) but either parent can present evidence to overcome it. Common rebuttal evidence includes documented domestic violence, substance abuse, a child's special needs requiring one primary home, or parents living more than 50 miles apart. The parent opposing equal time carries the burden of proof.
How many states have adopted equal parenting presumptions?
Approximately 12 states have enacted some form of shared parenting presumption as of April 2026. Kentucky passed its presumption in 2018, Arizona adopted a "maximize parenting time" standard in 2013, and Mississippi signed HB 1662 into law in 2026. Each state's version differs in how easily the presumption can be rebutted.
Would HB 4622 apply to existing South Carolina custody orders?
New custody legislation in South Carolina typically applies to cases filed after the effective date. Parents with existing orders would need to file a modification petition and demonstrate a substantial change in circumstances under S.C. Code Ann. § 63-15-240 to seek a new arrangement, regardless of whether HB 4622 passes.
Can I request 50-50 custody in South Carolina right now without this bill?
Yes. South Carolina courts can order any custody arrangement, including equal parenting time, under current law. You do not need HB 4622 to request a 50-50 schedule. The difference is that under existing law, you must affirmatively demonstrate that equal time serves your child's best interest, whereas HB 4622 would make that the presumed starting point.
If you are navigating a custody matter in South Carolina, connecting with a local family law attorney who understands your county's family court practices is the single most important step you can take. Use our South Carolina directory to find an exclusive attorney in your county.
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.