South Carolina Lawmakers Push for 50-50 Custody Starting Point in All Divorce Cases
South Carolina House Bill 4622, 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 of equal (50-50) parenting time. Currently pending in a House subcommittee as of April 2026, the bill shifts the traditional custody framework so parents must argue for less time rather than more, while South Carolina Supreme Court Chief Justice John Kittredge has publicly cautioned that the legislation could constrain judicial discretion.
| Key Facts | Details |
|---|---|
| Bill Number | South Carolina House Bill 4622 |
| Official Name | Equal Parenting Act |
| Current Status | Pending in House subcommittee (April 2026) |
| Core Change | Rebuttable presumption of 50-50 parenting time |
| Exceptions | Parents convicted of violent crimes |
| Key Opposition | SC Supreme Court Chief Justice John Kittredge |
The Equal Parenting Act Creates a New Default Starting Point
South Carolina HB 4622 establishes a rebuttable presumption that equal parenting time serves the best interests of children in custody disputes. Under current South Carolina law, codified in S.C. Code Ann. § 63-15-240, courts must consider multiple factors when determining custody without any presumption favoring either parent or any particular time-sharing arrangement.
The proposed legislation flips this framework. Instead of parents arguing for more custody time, HB 4622 would require a parent seeking less than 50-50 time to present evidence justifying the deviation. According to Live 5 News reporting, supporters argue this approach reduces litigation costs and promotes both parents' involvement in children's lives.
The bill includes a carve-out for parents convicted of violent crimes, who would not benefit from the 50-50 presumption. However, critics note the bill's exceptions may be too narrow to address the full range of situations where equal time-sharing would harm children.
Chief Justice Kittredge Warns Against One-Size-Fits-All Approach
South Carolina Supreme Court Chief Justice John Kittredge has publicly expressed reservations about HB 4622. In remarks reported by Live 5 News, Chief Justice Kittredge cautioned that the bill could "constrain family court judges" with a "statutorily mandated rigid one-size-fits-all approach."
This criticism reflects a broader tension in family law between legislative standards and judicial discretion. Under S.C. Code Ann. § 63-15-240, South Carolina family court judges currently evaluate custody based on factors including each parent's fitness, the child's developmental needs, the parents' geographic proximity, and the child's existing relationships. The Chief Justice's concern suggests that a rigid 50-50 presumption might prevent judges from tailoring custody arrangements to each family's unique circumstances.
Family court judges in South Carolina handle approximately 35,000 domestic relations cases annually according to South Carolina Judicial Department statistics. A mandatory presumption would affect how judges approach the initial stages of each contested custody matter.
How South Carolina Currently Handles Custody Determinations
South Carolina uses a "best interests of the child" standard for all custody decisions, as outlined in S.C. Code Ann. § 63-15-240. Courts must weigh multiple statutory factors without giving automatic preference to any particular custody arrangement.
Current factors South Carolina judges consider include:
- The temperament and developmental needs of the child
- The capacity and disposition of each parent to understand and meet the child's needs
- The preferences of the child if the court deems the child of sufficient age and maturity
- The past and current interaction between each parent and the child
- The actions of each parent to support the child's relationship with the other parent
- The manipulation of the child by a parent to limit the other parent's contact
- Any history of domestic violence
Under S.C. Code Ann. § 63-15-230, South Carolina courts may award joint custody, sole custody, or any combination the court finds appropriate. The law does not currently establish any presumption regarding the division of parenting time.
What HB 4622 Would Change for South Carolina Families
The Equal Parenting Act would modify custody proceedings in three significant ways. First, every custody case would begin with a 50-50 time presumption rather than a blank slate. Second, the parent seeking a different arrangement would bear the burden of proving why 50-50 time is not in the child's best interest. Third, judges would need to make specific findings explaining any deviation from equal time-sharing.
For parents currently navigating custody disputes in South Carolina, this shift could affect settlement negotiations, trial strategy, and expected outcomes. Parents who previously expected to receive primary custody based on their role as the primary caregiver during the marriage might face a different calculation under HB 4622.
The practical impact extends to child support calculations as well. Under S.C. Code Ann. § 63-17-470, South Carolina uses income shares methodology for child support, and the number of overnight stays with each parent affects support obligations. A 50-50 presumption could increase the number of cases where parents share physical custody nearly equally, potentially reducing child support awards compared to traditional arrangements.
The National Trend Toward Shared Parenting Presumptions
South Carolina is not alone in considering shared parenting legislation. According to the National Conference of State Legislatures, at least 25 states have considered or enacted some form of shared parenting presumption since 2017. Kentucky became the first state to enact a true 50-50 presumption in 2018, while Arizona, Missouri, and Arkansas have adopted strong shared parenting policies.
Research on shared parenting outcomes remains mixed. A 2017 study published in the Journal of Family Psychology found children in shared physical custody arrangements reported better well-being than those in sole custody, though critics note many such studies do not adequately control for family conflict levels and economic resources.
Practical Takeaways for South Carolina Parents
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Monitor HB 4622's progress through the South Carolina General Assembly, as the bill could pass during the current legislative session and take effect as early as 2027
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Document your involvement in your children's daily lives, including school activities, medical appointments, and extracurricular events, regardless of whether HB 4622 passes
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Understand that even if HB 4622 becomes law, the presumption is rebuttable, meaning evidence of unfitness, domestic violence, or other factors can overcome the 50-50 starting point
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Consult with a South Carolina family law attorney to understand how pending legislation might affect your specific custody situation
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If you have concerns about your co-parent's fitness or history of violence, gather documentation now, as you would need to present evidence to rebut the presumption under the new framework
Frequently Asked Questions
Has South Carolina passed the Equal Parenting Act?
No, South Carolina has not passed HB 4622 as of April 2026. The Equal Parenting Act is currently pending in a House subcommittee and must pass through both chambers of the South Carolina General Assembly before reaching the Governor's desk. The bill could see action during the current legislative session.
Would HB 4622 guarantee 50-50 custody in every South Carolina case?
No, HB 4622 creates a rebuttable presumption, not a guarantee. Either parent can present evidence showing why 50-50 time-sharing would not serve the child's best interests. Parents convicted of violent crimes are explicitly excluded from the presumption under the bill's current language.
How does South Carolina currently determine child custody?
South Carolina courts apply the best interests of the child standard under S.C. Code Ann. § 63-15-240, considering factors including parental fitness, the child's needs, existing relationships, and each parent's ability to support the child's relationship with the other parent. No presumption currently favors any particular custody arrangement.
Would the Equal Parenting Act affect child support in South Carolina?
Yes, custody arrangements directly affect child support calculations under S.C. Code Ann. § 63-17-470. If more cases result in 50-50 physical custody arrangements, child support awards would typically decrease compared to traditional primary custody situations, as both parents would share more equally in direct child-rearing expenses.
Why does Chief Justice Kittredge oppose the bill?
Chief Justice Kittredge has cautioned that HB 4622 could "constrain family court judges" with a "statutorily mandated rigid one-size-fits-all approach." His concern centers on preserving judicial discretion to tailor custody arrangements to each family's unique circumstances rather than applying a uniform presumption.
Speak with a South Carolina Family Law Attorney
If you are navigating a custody dispute in South Carolina or want to understand how HB 4622 might affect your family, consider consulting with a qualified family law attorney who can explain how current law and pending legislation apply to your specific situation.
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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.