South Carolina House Bill 4622, the Equal Parenting Act, is currently stalled in House committee after Chief Justice John Kittredge publicly opposed the measure, which would force family court judges to begin every custody case with a rebuttable presumption of 50-50 joint custody. The bill, sponsored by Rep. Gil Gatch (R-Dorchester), would reverse decades of South Carolina case law and make the state the second in the South — after Mississippi — to pursue radical custody reform in 2026.
Key Facts
| Detail | Information |
|---|---|
| What happened | HB 4622 (Equal Parenting Act) held in House Judiciary Committee pending amendments |
| When | Spring 2026 legislative session; no floor vote scheduled |
| Where | South Carolina General Assembly, Columbia |
| Who's affected | All South Carolina parents in pending or future custody disputes (~28,000 family court filings annually) |
| Key statute affected | S.C. Code § 63-15-230 (best-interest standard) and § 63-15-240 (17 custody factors) |
| Key opposition | Chief Justice John Kittredge (SC Supreme Court) argues the bill "ties judges' hands" |
| Impact if passed | Judges would start every case at 50-50 rather than evaluating factors neutrally |
Source: WLTX News / WIS-TV reporting on HB 4622.
Why This Matters Legally
HB 4622 would fundamentally restructure how South Carolina family courts approach custody disputes. Under current South Carolina case law dating back to the 1990s, courts apply a rebuttable presumption that 50-50 joint physical custody is generally not in a child's best interest unless the parents demonstrate exceptional cooperation and geographic proximity. The Equal Parenting Act inverts that presumption entirely, requiring judges to begin at 50-50 and then allow either parent to present evidence rebutting the equal-time starting point.
This is a structural change, not a cosmetic one. Chief Justice Kittredge's opposition, reported by WLTX and WIS-TV, centers on judicial discretion. He argues that a mandatory 50-50 starting point prevents judges from weighing the 17 statutory factors in S.C. Code § 63-15-240 on equal footing at the outset. Supporters counter that the current framework creates a de facto maternal preference and forces fathers to overcome an uphill evidentiary burden in most contested cases.
South Carolina would become the second Southern state considering this shift in 2026, following Mississippi's parallel legislative effort. Kentucky adopted a similar presumption in 2018, and research from the Kentucky Legislative Research Commission documented a 14% reduction in contested custody filings within three years of enactment.
How South Carolina Law Handles Custody Today
South Carolina family courts currently decide custody under the best-interest-of-the-child standard codified in S.C. Code § 63-15-230. The court evaluates 17 enumerated factors under S.C. Code § 63-15-240, including the child's developmental needs, each parent's capacity to provide care, the child's preference (if of sufficient age and maturity), any history of domestic violence, and the stability of each proposed household.
Joint custody is available under S.C. Code § 63-15-220, but courts award it sparingly. In practice, South Carolina judges issue joint legal custody (shared decision-making) far more often than joint physical custody (shared time). The typical South Carolina custody order gives one parent primary physical custody with the other parent receiving every other weekend, one weeknight, and alternating holidays — a schedule amounting to roughly 20-25% of overnight time.
HB 4622 would not eliminate the 17 factors. It would reposition them. Instead of evaluating those factors to determine what arrangement best serves the child, judges would evaluate them to determine whether to deviate from a 50-50 default. The evidentiary burden shifts to whichever parent argues against equal time.
Practical Takeaways for South Carolina Parents
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Do not change existing custody orders based on pending legislation. HB 4622 is not law. Existing orders issued under current South Carolina law remain fully enforceable, and modifying a final custody order requires a substantial change in circumstances under S.C. Code § 63-15-240.
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Document parenting involvement now. If HB 4622 passes during your pending divorce, the parent with documented 50-50 or near-50-50 caregiving (school pickups, medical appointments, bedtime routines) is positioned to defend the statutory presumption. Keep a contemporaneous parenting log with dates and specifics.
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Understand the geographic constraint. South Carolina courts have historically treated distance between parental residences as a near-disqualifying factor for 50-50 schedules. Even if HB 4622 passes, parents living more than 20-30 miles apart or in different school districts face substantial evidentiary hurdles against the new presumption.
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Address domestic violence concerns immediately. Under both current law and HB 4622 as drafted, documented domestic violence, substance abuse, or child endangerment rebuts any presumption of equal custody. If these factors exist, file protective orders under S.C. Code § 20-4-40 and document everything.
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Watch the amendment process. Rep. Gatch has indicated amendments are expected before any floor vote. The final bill may look substantially different from the version introduced — particularly regarding evidentiary standards, the treatment of very young children (ages 0-3), and interactions with existing domestic violence statutes.
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Reassess mediation strategy. A 50-50 statutory presumption changes the baseline for settlement negotiations. Parents who might previously have accepted 70-30 in mediation may hold out for equal time if the bill advances.
Frequently Asked Questions
Will HB 4622 automatically change my existing South Carolina custody order?
No. Existing custody orders remain fully enforceable under S.C. Code § 63-15-240. Modifying a final order requires proving a substantial change in circumstances affecting the child's welfare. Legislation passed after your order does not itself qualify as a substantial change, though it may affect how courts approach new modification petitions filed after enactment.
What happens to my pending South Carolina custody case if HB 4622 passes mid-litigation?
South Carolina follows the general rule that procedural changes apply to pending cases while substantive changes typically do not. Because HB 4622 restructures the evidentiary presumption (a procedural mechanism applied to a substantive standard), courts would likely apply the new presumption to any custody trial occurring after the effective date, even in cases filed before enactment.
How does South Carolina's proposed bill compare to Kentucky's 2018 law?
Kentucky's 2018 joint custody presumption requires courts to start at 50-50 unless a parent proves equal custody is not in the child's best interest. HB 4622 uses similar language. Kentucky saw a 14% reduction in contested custody filings within three years, according to the Kentucky Legislative Research Commission. South Carolina would be the first Southern state to fully adopt this framework if the bill passes in 2026.
Does the Equal Parenting Act affect child support calculations in South Carolina?
Yes, indirectly. South Carolina child support is calculated under the 2014 Child Support Guidelines using an income shares model. When parents have roughly equal overnights (generally 110+ per year), courts apply a shared parenting adjustment that reduces the paying parent's obligation. If HB 4622 shifts more cases toward 50-50 schedules, child support awards will decrease correspondingly in those cases.
Can I use Rep. Gatch's bill as leverage in current settlement negotiations?
Proceed cautiously. HB 4622 is not law, and referencing pending legislation during mediation carries limited weight. However, opposing counsel and mediators are aware of the legislative trend. If your case is likely to reach trial in late 2026 or 2027, the possibility of legislative change reasonably factors into negotiation strategy — but cannot drive it.
Talk to a South Carolina Family Law Attorney
Custody law is changing quickly across the South. If you are navigating a pending custody matter or considering filing, a South Carolina family law attorney can help you understand how current law and potential reforms apply to your specific circumstances. Find an exclusive divorce attorney in your South Carolina 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.