South Carolina Lawmakers Consider Mandatory 50-50 Custody Starting Point
South Carolina House Bill 4622 and Senate Bill 901, collectively known as the Equal Parenting Act, would fundamentally change how family courts approach child custody by requiring judges to begin every case with a presumption that equal (50-50) parenting time serves a child's best interest. The bills faced opposition from SC Supreme Court Chief Justice John Kittredge during April 2026 subcommittee testimony, and the subcommittee adjourned without voting, leaving the legislation's future uncertain for the 2026 session.
Key Facts About South Carolina's Equal Parenting Act
| Element | Details |
|---|---|
| What happened | SC House and Senate subcommittees heard testimony on bills requiring 50-50 custody presumption |
| When | April 2026 legislative session |
| Bills | House Bill 4622 and Senate Bill 901 |
| Key opponent | SC Supreme Court Chief Justice John Kittredge |
| Current status | No vote taken; future uncertain |
| States with similar laws | Kentucky (2018), Arkansas (2021), West Virginia (2022), Florida (2023) |
Why This Legislation Matters for South Carolina Families
South Carolina currently uses a pure best-interests-of-the-child standard under S.C. Code § 63-15-240, which gives family court judges broad discretion to craft custody arrangements based on individual circumstances. The Equal Parenting Act would add a new starting point to that analysis, requiring judges to presume 50-50 parenting time is appropriate unless evidence demonstrates otherwise.
This represents a significant philosophical shift. Under current South Carolina law, neither parent enters custody proceedings with a presumptive advantage or disadvantage regarding time allocation. Family court judges evaluate factors including each parent's involvement in the child's life, work schedules, geographic proximity, and the child's own preferences when age-appropriate.
The proposed legislation would change that calculus. Judges would begin with the assumption that children benefit from equal time with both parents, and a parent seeking a different arrangement would bear the burden of demonstrating why equal time would not serve the child's interests.
Chief Justice Kittredge's opposition centers on judicial discretion. In his April 2026 testimony, he warned that the legislation would constrain family court judges with a "rigid one size fits all approach" that fails to account for the diversity of family situations that come before South Carolina courts.
How South Carolina Currently Handles Custody Determinations
South Carolina family courts follow S.C. Code § 63-15-230 and § 63-15-240 when making custody decisions. These statutes establish that courts must consider the best interests of the child as the paramount concern, examining factors that include:
- The temperament and developmental needs of the child
- Each parent's capacity to understand and meet the child's needs
- The preference of the child when the court deems the child of sufficient age
- Past and current conduct of the parents as it relates to parental abilities
- Actions of each parent to encourage the ongoing relationship between the child and the other parent
Under current law, South Carolina does not favor mothers or fathers based on gender. The state eliminated maternal preference decades ago, but the absence of presumptive equal time means outcomes vary significantly based on individual circumstances and the family court judge assigned to a case.
South Carolina has 46 counties served by family court judges in 16 judicial circuits. Research from custody outcomes across these circuits suggests meaningful variation in how different judges apply the best-interests standard, which proponents of the Equal Parenting Act cite as justification for establishing a more uniform starting point.
What Other States Have Done
South Carolina would join a growing minority of states if legislators pass the Equal Parenting Act. Kentucky enacted the first statewide 50-50 presumption in 2018, followed by Arkansas in 2021, West Virginia in 2022, and Florida in 2023. Missouri and other states have considered similar legislation without passage.
Florida's experience is particularly relevant for South Carolina. When Florida enacted Fla. Stat. § 61.13 requiring judges to consider equal time-sharing, family law practitioners reported initial disruption as courts adjusted their practices, followed by gradual normalization. Florida's version includes explicit exceptions for domestic violence, substance abuse, and other factors that would make equal time inappropriate.
The research on outcomes following presumptive equal parenting legislation remains contested. Proponents point to studies suggesting children benefit from meaningful relationships with both parents. Opponents cite research indicating that rigid presumptions can disadvantage children in high-conflict families or situations involving abuse.
Practical Takeaways for South Carolina Parents
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The Equal Parenting Act has not passed and may not advance during the 2026 session given the subcommittee's decision not to vote. Current South Carolina custody law remains unchanged, meaning judges retain full discretion to craft parenting arrangements based on individual circumstances.
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Parents currently involved in custody proceedings should continue documenting their involvement in their children's daily lives, including school activities, medical appointments, extracurricular participation, and routine caregiving. This evidence matters under the existing best-interests standard and would remain relevant even if presumptive equal parenting becomes law.
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Parents considering divorce should understand that South Carolina's current framework already permits 50-50 arrangements when circumstances support them. The proposed legislation would change the starting presumption, not the range of possible outcomes.
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Anyone concerned about domestic violence, substance abuse, or other safety issues should know that proposed equal parenting legislation in other states uniformly includes exceptions for these circumstances. Evidence of danger would still warrant protective custody arrangements.
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The legislation's uncertain future means parents should focus on presenting the strongest possible case under existing law rather than anticipating changes that may not occur.
Frequently Asked Questions
Does South Carolina currently require 50-50 custody?
No. South Carolina courts use a best-interests-of-the-child standard under S.C. Code § 63-15-240 that gives judges discretion to order any custody arrangement supported by evidence, from sole custody to equal 50-50 parenting time. The proposed Equal Parenting Act (HB 4622 and SB 901) would create a presumptive starting point of equal time, but this legislation has not passed.
What happens if the Equal Parenting Act passes?
Family court judges would begin custody cases with a presumption that 50-50 parenting time serves the child's best interest. A parent seeking a different arrangement would need to present evidence demonstrating why equal time is inappropriate. Exceptions would apply for domestic violence, abuse, neglect, and other circumstances where equal time would endanger the child.
Why did Chief Justice Kittredge oppose the bill?
Chief Justice Kittredge testified in April 2026 that the Equal Parenting Act would impose a "rigid one size fits all approach" on family court judges, limiting their ability to craft custody arrangements tailored to each family's specific circumstances. His opposition reflects broader concerns about legislative mandates constraining judicial discretion in family law matters.
How long do South Carolina custody cases typically take?
Contested custody cases in South Carolina family courts typically require 6-12 months from filing to final hearing, depending on the judicial circuit's caseload and complexity of issues involved. Cases involving custody evaluations, guardian ad litem appointments, or allegations of abuse may extend to 18 months or longer. Uncontested cases with agreed parenting plans can conclude within 90-120 days.
Can I modify an existing custody order if this law passes?
South Carolina permits custody modifications under S.C. Code § 63-15-240 when a parent demonstrates a substantial change in circumstances affecting the child's best interests. A change in law alone typically does not constitute grounds for modification. You would need to show changed circumstances beyond the new presumption.
South Carolina residents navigating custody questions can explore local resources through our South Carolina divorce guide or connect with an attorney through our directory.
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.