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Bill > H5200


SC H5200

SC H5200
Child Custody


summary

Introduced
02/18/2026
In Committee
02/18/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Section 63-15-215 So As To Establish That Joint Physical Custody Is Presumed To Be In The Best Interest Of A Minor Child, With Exceptions; To Define "joint Physical Custody"; And For Other Purposes.

AI Summary

This bill establishes a legal presumption in South Carolina that joint physical custody, meaning a roughly equal division of time with a child between both parents, is generally in the best interest of a minor child when custody is being determined. However, this presumption can be overcome if evidence shows it's not in the child's best interest, considering factors outlined in another section of the law (Section 63-15-240). The court must make written findings about the child's best interest unless parents agree otherwise. Importantly, this presumption of joint custody is reversed if a parent has a history of domestic violence or certain criminal convictions, creating a presumption that joint custody is *not* in the child's best interest.

Committee Categories

Justice

Sponsors (2)

Last Action

Member(s) request name added as sponsor: Guest (on 02/19/2026)

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