SC bill would require judges to start child custody cases with 50‑50 presumption

COLUMBIA, S.C. (WIS) - A proposal in the South Carolina State House could significantly change how family courts decide child custody cases, sparking emotional debate among parents, lawyers and judges over what role the courts should play in family disputes.

Known as the Equal Parenting Act, the bill would require family court judges to begin custody cases with a presumption that equal or near‑equal parenting time is in a child’s best interest. That marks a major shift from current law, which gives judges broad discretion to weigh a range of factors without any starting presumption.

Supporters say the change would ensure children maintain strong relationships with both parents following separation or divorce. Critics argue it could limit judicial discretion and put children at risk in complex or high‑conflict cases.

Attorney Jim McLaren, says the existing system often favors one parent and sidelines the other.

“It empowers one parent if they get custody or primary custody, and it relegates the second parent — the visiting parent — to a secondary, seemingly less important role,” McLaren said.

Backers of the bill argue that shared parenting leads to better emotional outcomes for children and reduces the perception that custody battles produce winners and losers.

The proposal also shifts the burden of proof. Instead of parents fighting for more parenting time, they would have to justify why less time is appropriate.

But some warn that a one‑size‑fits‑all approach could undermine the court’s ability to protect children in difficult situations.

South Carolina Supreme Court Chief Justice John Kittredge testified before lawmakers, cautioning that the bill could constrain family court judges.

“The statutorily mandated rigid one size fits all approach to child custody is contrary to the structure of a court of equity,” Kittredge said.

The bill does include carve‑outs. Parents convicted of certain violent crimes could lose their claim to equal parenting time, and judges would still be able to deviate from a 50‑50 arrangement if evidence shows it would harm the child.

Chris Singleton, who has full custody of his children, told lawmakers he opposes the bill. He said his children were exposed to troubling situations at their mother’s home during their separation.

“Without going into great detail, it was things like overnight stays and cohabitation with romantic partners,” Singleton said.

But supporters like Matthew Moore, who lost custody in his own case, say the current system unfairly cuts involved parents out of their children’s lives.

“This isn’t about parents asking for more time,” Moore said. “It’s about present parents being written out of their children’s daily lives by default.”

The House subcommittee did not take a vote on the bill, leaving its future uncertain.

Feel more informed, prepared, and connected with WIS. For more free content like this, subscribe to our email newsletter, and download our apps. Have feedback that can help us improve? Click here.