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Bill > H4622


SC H4622

SC H4622
Equal Parenting Act


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Enacting The "equal Parenting Act"; By Amending Sections 63-3-810, 63-3-820, 63-3-830, 63-3-850, And 63-3-870, All Relating To Guardians Ad Litem Appointed In Private Family Court Actions, So As To Provide Certain Protections Against Guardian Ad Litem Bias Or Other Misconduct, To Clarify That Equal Parenting Time For Both Parents Is Presumed To Be In A Child's Best Interest, And To Address The Apportionment Of Fees And Costs; By Amending Sections 63-15-210, 63-15-220, 63-15-230, And 63-15-240, All Relating To Child Custody Hearings, So As To Provide That Equal Parenting Time Is Presumed To Be In A Child's Best Interest In Child Custody Actions, That Parental Interference With The Parenting Time Of The Other Parent Is Grounds For Modification Of A Child Custody Order; And For Other Purposes.

AI Summary

This bill amends South Carolina law to establish a presumption of equal parenting time in child custody cases, with several key provisions aimed at ensuring fairness and protecting children's best interests. The legislation creates a rebuttable presumption that joint custody with approximately equal parenting time is in the child's best interest, meaning that parents start with an equal custody arrangement unless one party can prove by a preponderance of evidence that such an arrangement would be harmful to the child. The bill introduces new requirements for guardians ad litem (court-appointed representatives for children), including mandatory drug testing, restrictions on criminal backgrounds, and a mandate to establish positive relationships with both parents. It also provides more detailed guidelines for courts when determining custody, requiring written explanations if equal parenting time is not granted and considering factors such as each parent's ability to encourage the child's relationship with the other parent, potential parental manipulation, and the child's existing relationships. Additionally, the bill addresses the financial aspects of custody proceedings by providing mechanisms for apportioning guardian ad litem fees based on the parties' financial circumstances and introducing expedited processes for low-income individuals. The legislation aims to create a more balanced approach to child custody that prioritizes both parents' involvement in their children's lives while maintaining a focus on the child's best interests.

Committee Categories

Justice

Sponsors (25)

Last Action

House Judiciary Constitutional Laws Subcommittee on 4622, 4717 (09:00:00 2/25/2026 Blatt Room 516) (on 02/25/2026)

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