South Carolina lawmakers are weighing a significant shift in how family courts handle child custody cases through a new proposal dubbed the Equal Parenting Act. The bill seeks to establish a legal presumption that equal, 50-50 custody is in the best interest of a child when both parents are fit and willing caregivers.
Currently, South Carolina judges operate under decades-old case law that creates a “rebuttable presumption” against 50-50 custody. This standard effectively discourages judges from awarding equal time unless “extenuating circumstances” are proven. Proponents of the new legislation argue that this existing framework unnecessarily separates children from capable parents and ties the hands of the judiciary.
The Equal Parenting Act would fundamentally reverse the court’s starting position. Instead of requiring a parent to justify why they deserve equal time, the law would mandate that judges begin with a 50-50 split as the default. Any deviation from this equal arrangement would then require the court to provide a strong, documented reason.
Supporters believe this change would force the legal system to justify why a parent should be restricted from equal access, rather than forcing parents to fight an uphill battle for parity.
However, the proposal has met resistance from segments of the legal community. Some family law attorneys and members of the South Carolina Bar argue that a mandatory 50-50 starting point could result in “cookie-cutter” rulings that fail to account for the unique needs of individual families.
While many legal experts agree that the current restrictions against 50-50 custody should be removed, critics worry that replacing them with a different mandate would once again limit a judge’s ability to act solely in the best interest of the child. They contend that judges need full discretion to evaluate the specific facts of each case without being forced into a specific mold.
As the debate continues, a separate, competing proposal is also under consideration. This alternative would remove all presumptions—both for and against joint custody—giving judges total discretion to determine parenting schedules based on the evidence presented in court.
Both pieces of legislation are currently held in committee within the South Carolina House. Lawmakers are expected to review potential amendments before determining which path, if either, will move forward to a full floor vote.
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