Equal Parenting Act

2025-2026 Bill 901: Equal Parenting Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 901
STATUS INFORMATION
General Bill
Sponsors: Senators Kimbrell and Cash
Companion/Similar bill(s): 4622
Document Path: SR-0531KM26.docx
Introduced in the Senate on February 10, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Equal Parenting Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/10/2026

Senate

Introduced and read first time (
Senate Journal-page 6
)

2/10/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 6
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/10/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Equal Parenting Act".

S
ECTION 2.
S
ection
63-3-810
of the S.C. Code is amended to read:

S
ection
63-3-810
.
(
A) In a private action
before the family court in which custody or visitation of a minor child is an
issue, the court may appoint a guardian ad litem only when it determines that:

(
1)

without a guardian ad litem, the court will likely not be
fully informed about the facts of the case and
there is a substantial
dispute which necessitates a guardian ad litem; or

(
2)
both parties consent to the appointment of a guardian ad litem who is approved
by the court.

(
B)
The court has absolute discretion in determining who will be appointed as a
guardian ad litem in each case. A guardian ad litem must be appointed to a case
by a court order.

(
C) Notwithstanding subsection (B), a
party may file a motion to dispute the court's appointment of a guardian ad
litem on the basis of misconduct by the appointed guardian ad litem and seek a
new appointment by the court.

S
ECTION 3.
S
ection
63-3-820
(B) of the S.C. Code is amended to
read:

(
B)
(
1)
A person shall not be appointed as a guardian ad litem
pursuant to Section
63-3-810
who has been convicted of any crime listed in
Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16,
Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal
Domestic Violence; in Article 3 of Chapter 53 of Title 44, Narcotics and
Controlled Substances; or convicted of the crime of contributing to the
delinquency of a minor, provided for in Section
16-17-490
.

(
2)
(
a) A person shall not be appointed as
a guardian ad litem pursuant to Section
63-3-810
unless the person submits to
and passes a drug test administered by a certified laboratory approved by the
court, screening for controlled substances as defined in Section
44-53-110
. The
test must be completed prior to initial appointment and annually thereafter
during the term of service.

(
b) The applicant or appointed guardian
ad litem shall bear the cost of the drug test, unless waived by the court upon
a showing of financial hardship.

(
c) A positive test result for an
illegal controlled substance, or a refusal to submit to testing, is grounds for
disqualification or removal from appointment. The court shall provide notice of
the test results and an opportunity for the individual to contest the findings
through a hearing where evidence of a valid prescription or other mitigating
circumstances may be presented.

(
d) All test results are confidential
and may be used solely for the purpose of determining eligibility pursuant to
this item in accordance with applicable privacy laws.

S
ECTION 4.
S
ections
63-3-830
(A)(1) and (2) of the S.C. Code are
amended to read:

(
A) The responsibilities and duties of
a guardian ad litem include, but are not limited to:

(
1)
representing the best interest of the child
. For purposes
of this section, the guardian ad litem shall presume that an award of joint
custody with equal or approximately equal parenting time is in the child's best
interest, a presumption that is rebuttable only if a party proves by a
preponderance of the evidence that equal parenting time is not in the best
interest of the child
;

(
2)
conducting an independent, balanced, and impartial investigation to determine
the facts relevant to the situation of the child and the family. An
investigation must include, but is not limited to:

(
a)
obtaining and reviewing relevant documents, except that a guardian ad litem
must not be compensated for reviewing documents related solely to financial
matters not relevant to the suitability of the parents as to custody,
visitation, or child support. The guardian ad litem shall have access to the
child's school records and medical records. The guardian ad litem may petition
the family court for the medical records of the parties;

(
b)
meeting with and observing the child on at least one occasion;

(
c)
visiting the home settings if deemed appropriate;

(
d)
interviewing parents, caregivers, school officials, law enforcement, and others
with knowledge relevant to the case;

(
e) attempting in good faith to
establish a positive relationship with each parent to include a prohibition on
misconduct toward or mistreatment of either parent by the guardian ad litem;

(e)
(
f)
obtaining the criminal history of each party when
determined necessary; and

(f)
(
g)
considering the wishes of the child, if appropriate;

S
ECTION 5.
S
ection
63-3-850
of the S.C. Code is amended to read:

S
ection
63-3-850
.
(
A) At the time of
appointment of a guardian ad litem, the family court judge must set forth the
method and rate of compensation for the guardian ad litem, including an initial
authorization of a fee based on the facts of the case. If the guardian ad litem
determines that it is necessary to exceed the fee initially authorized by the
judge, the guardian must provide notice to both parties and obtain the judge's
written authorization or the consent of both parties to charge more than the
initially authorized fee.

(
B) A
guardian appointed by the court is entitled to reasonable compensation, subject
to the review and approval of the court. In determining the reasonableness of
the fees and costs, the court must take into account:

(
1)
the complexity of the issues before the court;

(
2)
the contentiousness of the litigation;

(
3)
the time expended by the guardian;

(
4)
the expenses reasonably incurred by the guardian;

(
5)
the financial ability of each party to pay fees and costs; and

(
6)
any other factors the court considers necessary.

(
C)
The guardian ad litem must submit an itemized billing statement of hours,
expenses, costs, and fees to the parties and their attorneys pursuant to a
schedule as directed by the court.

(
D) At any time during the action, a
party may petition the court to review the reasonableness of the fees and costs
submitted by the guardian ad litem or the attorney for the guardian ad litem.

(
D)
(
1) The court has discretion to
apportion the fees and costs based on the parties' financial circumstances in
the following manner:

(
a) Both parties equally split the fees
and costs.

(
b) One party pays one hundred percent
of the fees and costs.

(
c) The court divides the fees and
costs proportionately based on income disparities between the parties.

(
2)
(
a) If one or both parties is a
low-income individual with a household income at two hundred percent of the
federal poverty level, then the proceedings must be expedited to control costs.

(
b) If both parties individually have
household incomes that exceed two hundred percent of the federal poverty level,
then the court may discern whether proceedings should be expedited to reduce
the cost burden on the parties.

(
E) At any time during the action, a
party may petition the court to review the reasonableness of the fees and costs
submitted by the guardian ad litem or the attorney for the guardian ad litem.

S
ECTION 6.
S
ection
63-3-870
of the S.C. Code is amended to read:

S
ection
63-3-870
. A guardian ad litem may be removed from a case at the discretion of
the court
or in accordance with Section
63-3-810
.

S
ECTION 7.
S
ection
63-15-210
(1) of the S.C. Code is amended to
read:

(
1) "Joint custody" means both parents
have equal rights and responsibilities for major decisions concerning the
child, including the child's education, medical and dental care,
extracurricular activities, and religious training; however, a judge may designate
one parent to have sole authority to make specific, identified decisions while
both parents retain equal rights and responsibilities for all other decisions.
Joint custody also includes an allocation of physical custody
or parenting time in which the child spends equal or approximately equal time
with each parent, unless otherwise ordered by the court pursuant to Section
63-15-230
.

S
ECTION 8.
S
ection
63-15-220
(A) of the S.C. Code is amended to
read:

(
A) At all temporary hearings where
custody is contested, each parent must prepare, file, and submit to the court a
parenting plan, which reflects parental preferences, the allocation of
parenting time to be spent with each parent, and major decisions, including,
but not limited to, the child's education, medical and dental care,
extracurricular activities and religious training. However, the parties may
elect to prepare, file, and submit a joint parenting plan. The court shall
issue temporary and final custody orders only after considering these parenting
plans; however, the failure by a party to submit a parenting plan to the court
does not preclude the court from issuing a temporary or final custody order.
Unless agreed to by the parties, there is a rebuttal
presumption that a court award of joint custody with equal or approximately
equal parenting time is in the child's best interest. To rebut this
presumption, a party must prove by a preponderance of the evidence that equal
parenting time is not in the best interest of the minor child. Except when a
parenting time schedule is agreed to by the parties and approved by the court,
the court must evaluate all of the factors set forth in Section
63-15-240
(B)
and make specific written findings of fact when creating or modifying a
parenting time schedule.

S
ECTION 9.
S
ection
63-15-230
of the S.C. Code is amended to read:

S
ection
63-15-230
.
(
A) The court shall make
the final custody determination in the best interest of the child based upon
the evidence presented.

(
B)
The court may award joint custody to both parents or sole custody to either
parent.

(
C)
If custody is contested or if either parent seeks an award of joint custody,
the court shall consider all custody options, including, but not limited to,
joint custody, and, in its final order, the court shall state its determination
as to custody and shall state its reasoning for that decision.
There is a rebuttable presumption that a court award of joint
custody with equal or approximately equal parenting time is in the child's best
interest. This presumption is rebuttable by a preponderance of the evidence
pursuant to all relevant factors including, but not limited to, the factors in
Section
63-15-240
(B). The presumption may be rebutted if the court finds that
the parents have reached an agreement on all issues related to custody, that a
pattern of domestic violence has occurred as defined in Section
16-25-20
or
16-25-65
, or that a domestic violence order is in effect or in the process of
being enacted against one parent. If the presumption is rebutted, then the
court shall construct a parenting time schedule that maximizes the time each
parent has with the child and is consistent with the child's welfare. The court
shall make specific written findings of fact and conclusions of law explaining
any deviation from equal parenting time.

(
D) Notwithstanding the custody
determination, the court may allocate parenting time in the best interest of
the child.

S
ECTION 10.
S
ection
63-15-240
of the S.C. Code is amended to read:

S
ection
63-15-240
.
(
A) In issuing or
modifying an order for custody affecting the rights and responsibilities of the
parents, the order may include, but is not limited to:

(
1)
the approval of a parenting plan;

(
2)
the award of sole custody to one parent with appropriate parenting time for the
noncustodial parent;

(
3)
the award of joint custody, in which case the order must include:

(
a)
residential arrangements with each parent in accordance with the needs of each
child; and

(
b)
how consultations and communications between the parents will take place,
generally and specifically, with regard to major decisions concerning the
child's health, medical and dental care, education, extracurricular activities,
and religious training;

(
4)
other custody arrangements as the court may determine to be in the best
interest of the child.

(
B)
In issuing or modifying a custody order, the court must consider the best
interest of the child, which may include, but is not limited to:

(
1)
the temperament and developmental needs of the child;

(
2)
the capacity and the disposition of the parents to understand and meet the
needs of the child;

(
3)
the preferences of each child;

(
4)
the wishes of the parents as to custody;

(
5)
the past and current interaction and relationship of the child with each
parent, the child's siblings, and any other person, including a grandparent,
who may significantly affect the best interest of the child;

(
6)
the actions of each parent to encourage the continuing parent-child
relationship between the child and the other parent, as is appropriate,
including compliance with court orders;

(
7)
the manipulation by or coercive behavior of the parents in an effort to involve
the child in the parents' dispute
, including a pattern of
wilfully creating conflict or making unfounded allegations of abuse in an
attempt to disrupt joint custody or parenting time. If the court finds by a
preponderance of the evidence that a parent has made false or unfounded allegations
of abuse against the other parent, then this finding shall be considered a
material change of circumstances warranting modification of custody or
parenting time, and the court may deem such behavior as not in the child's best
interest and may require the offending parent to pay court costs or fees
;

(
8)
any effort by one parent to disparage the other parent in front of the child;

(
9)
the ability of each parent to be actively involved in the life of the child;

(
10)
the child's adjustment to his or her home, school, and community environments;

(
11)
the stability of the child's existing and proposed residences;

(
12)
the mental and physical health of all individuals involved, except that a
disability of a proposed custodial parent or other party, in and of itself,
must not be determinative of custody unless the proposed custodial arrangement
is not in the best interest of the child;

(
13)
the child's cultural and spiritual background;

(
14)
whether the child or a sibling of the child has been abused or neglected
and, if allegations of abuse or neglect are made, whether such
allegations are supported by clear and convincing evidence or have been
determined to be unfounded by a preponderance of the evidence
;

(
15)
whether one parent has perpetrated domestic violence or child abuse or the
effect on the child of the actions of an abuser if any domestic violence has
occurred between the parents or between a parent and another individual or
between the parent and the child;

(
16)
whether one parent has relocated more than one hundred miles from the child's
primary residence in the past year, unless the parent relocated for safety
reasons;
and

(
17) other factors as the court
considers necessary.

(
17) the frequency with which a
parent would be likely to leave the child in the care of a nonrelative on
evenings and weekends when the other parent would be available and willing to
provide care; and

(
18) other factors as the court
considers necessary.

(
C) A custody order issued or modified
by the court must be supported by written findings of fact if the order
establishes a parenting time schedule that does not allocate approximately
equal parenting time to each parent, which must address why it is not in the
best interest of the child for each parent to have approximately equal
parenting time.

(
D) A determination of custody, a
parenting plan, or a parenting time schedule may not be modified without a
determination that modification is in the best interest of the child and a
showing of a substantial, material, and unanticipated change in circumstance.

S
ECTION 11. This act takes effect upon
approval by the Governor.

----XX----

This web page was last updated on February 10, 2026 at 12:44 PM