Bill

Bill > H3085


SC H3085

SC H3085
Child Custody


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 63-15-220, Relating To Parenting Plans, So As To Create A Rebuttable Presumption That It Is In The Best Interest Of The Child To Spend Approximately An Equal Amount Of Time With Each Parent When Both Parents Are Willing, Able, And Fit; And By Amending Section 63-15-240, Relating To Child Custody Orders, So As To Require The Court To Take Into Consideration Certain Factors When Determining What Is In The Best Interest Of A Child, To Require That A Child Custody Order Include Findings Of Fact If The Time-sharing Schedule Does Not Allocate Approximately Equal Parenting Time To Each Parent, And To Provide Requirements To Modify Child Custody Orders.

AI Summary

This bill amends South Carolina's child custody laws to create a rebuttable presumption that children benefit from spending approximately equal time with both parents when the parents are willing, able, and fit. The legislation requires parents to submit parenting plans during custody hearings that outline parenting time and major decision-making responsibilities. When determining child custody, courts must now consider a comprehensive list of 18 factors related to the child's best interests, including the child's developmental needs, each parent's ability to meet those needs, the child's relationships with parents and siblings, and any history of domestic violence or abuse. Importantly, if a court decides not to allocate approximately equal parenting time, it must provide written findings explaining why such an arrangement would not be in the child's best interest. The bill also stipulates that any modifications to existing custody orders require demonstrating a substantial, material, and unanticipated change in circumstances. These changes aim to ensure a more balanced and child-centered approach to custody decisions, prioritizing the child's well-being and maintaining meaningful relationships with both parents.

Committee Categories

Justice

Sponsors (8)

Last Action

Member(s) request name added as sponsor: Willis (on 02/18/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...