South Carolina's Equal Parenting Act (H.4622 / S.901) stalled in the Senate Judiciary Committee in April 2026 after a subcommittee declined to vote, leaving intact the state's current standard that decides custody by the child's best interest rather than a mandatory 50-50 starting point. The bill would force family court judges to presume equal parenting time is best in every case — a change SC Supreme Court Chief Justice John Kittredge publicly opposed.
Key Facts
| Item | Detail |
|---|---|
| What happened | The Equal Parenting Act (H.4622 / S.901) was held in the Senate Judiciary Committee after a subcommittee declined to advance it |
| When | Reported April 2, 2026 |
| Where | South Carolina General Assembly, Columbia |
| Who's affected | Divorcing and separating parents statewide; roughly all contested custody filings in SC family courts |
| Key statute affected | S.C. Code § 63-15-240 (custody best-interest factors) |
| Impact | No change to current law — the best-interest standard, not a 50-50 presumption, still governs |
Why this matters legally
The bill's failure to advance means South Carolina custody law is unchanged: judges still decide parenting arrangements case by case under the best-interest-of-the-child standard, not a blanket assumption that equal time is correct. That is the single most important takeaway for any South Carolina parent watching this legislation.
The Equal Parenting Act would have created a rebuttable presumption that awarding each parent equal (50-50) parenting time serves the child's best interest, shifting the burden onto the parent who wanted an unequal schedule to prove why. According to WIS-TV's April 2, 2026 report, Chief Justice John Kittredge testified that a "one size fits all" rule is "contrary to the structure of a court of equity." Family courts in South Carolina are courts of equity, meaning they are designed to weigh the specific facts of each family rather than apply a fixed formula.
The legal significance is procedural as much as substantive. A presumption does not just express a preference — it reassigns who carries the burden of proof. Under the current best-interest framework, neither parent starts ahead; both present evidence and the judge weighs it. A 50-50 presumption would have made equal time the default outcome unless one parent affirmatively rebutted it, which critics argued could disadvantage primary caregivers and complicate cases involving relocation, work schedules, or safety concerns.
How South Carolina law handles this
South Carolina decides custody under the best-interest-of-the-child standard codified at S.C. Code § 63-15-240, which directs judges to weigh at least 17 enumerated factors — not a mathematical split of days. This is the law the Equal Parenting Act sought to override, and it remains fully in effect.
The statute requires courts to consider factors including each parent's capacity to meet the child's developmental needs, the child's relationship with each parent, stability of the home environment, and any history of domestic violence or substance abuse. There is no thumb on the scale for equal time. South Carolina also authorizes both sole and joint custody under S.C. Code § 63-15-230, and judges already can — and often do — order shared arrangements when the facts support them. Nothing in current law prohibits a 50-50 schedule; it simply is not presumed.
South Carolina family courts favor negotiated parenting plans and frequently route contested cases through mediation before trial. When parents reach agreement, the court reviews the plan against the same best-interest factors. Because outcomes turn on evidence rather than a formula, parents benefit from documenting caregiving history, work schedules, and involvement in the child's education and healthcare. Understanding how child custody decisions are actually made in South Carolina matters far more than tracking any single bill, because the best-interest standard has governed these cases for decades and continues to do so.
It is worth noting that South Carolina does not use the word "custody" the way many assume — the state distinguishes legal custody (decision-making) from physical custody (residential time), and the court can allocate each differently based on the § 63-15-240 factors.
Practical takeaways
Because the law did not change, South Carolina parents should plan around the existing best-interest standard rather than a hoped-for 50-50 rule. Here is what to do now:
- Document your caregiving role. Keep a dated record of the parenting tasks you handle — school pickups, medical appointments, homework, meals — because § 63-15-240 rewards demonstrated involvement, not assumptions.
- Propose a specific parenting schedule. Courts respond to concrete plans. Model different arrangements with our parenting time calculator for South Carolina to show the judge a workable schedule.
- Understand the financial side. Parenting time affects support in some cases; estimate your numbers with the South Carolina child support calculator before you negotiate.
- Consider mediation early. Negotiated plans that both parents sign are generally approved faster and give you more control than a contested trial.
- Build a next-steps plan. A personalized divorce roadmap can help you sequence filing, disclosure, and custody decisions in the right order.
- Get jurisdiction-specific advice. Custody law is fact-intensive, and a South Carolina family law attorney can tell you how the § 63-15-240 factors apply to your household.
If you are navigating a custody dispute in South Carolina, the current best-interest standard rewards preparation and documentation over slogans about equal time. You can find a South Carolina divorce attorney to review how these factors apply to your specific situation and to help you present the strongest possible parenting plan.
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.