South Carolina H 4540: Children's Default to Safety Act

Bill Text

2025-2026 Bill 4540 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4540

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTIONS 63-3-530, 63-15-210, 63-15-220, AND 63-15-230, RELATING TO CHILD 
CUSTODY AND PARENTING TIME, SO AS TO CLARIFY THAT ONLY SOLE CUSTODY OR JOINT 
CUSTODY MAY BE AWARDED BY THE FAMILY COURT, THERE IS NO PRESUMPTION FOR OR 
AGAINST EITHER TYPE OF CUSTODY, AND EVERY CHILD CUSTODY ORDER MUST ADDRESS 
PARENTING TIME; AND FOR OTHER PURPOSES. 

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 63-3-530(A)(42) of the S.C. Code is amended to 
read:

 (42) to order sole 
or joint or divided custody where the court 
finds it is in the best interestsinterest of the child;

SECTION 2. Section 63-15-210 of the S.C. Code is amended to read:

 Section 
63-15-210. As used in this article:

 (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. Regardless, a judge may designate one parent to have sole 
authority to make specific, identified decisions concerning the child.

 (2) 
"Sole custody" means a person, including, but not limited to, a parent who has 
temporary or permanent custody of a child and, unless otherwise provided for by 
court order, the rights and responsibilities for major decisions concerning the 
child, including the child's education, medical and dental care, 
extracurricular activities, and religious training.

 (3) "Parenting time" means the time 
during which the child is in the care of a parent.

SECTION 3. Section 63-15-220 of the S.C. Code is amended to read:

 Section 
63-15-220. (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.

 (B) At the final hearing, 
either party may file and submit an updated parenting plan for the court's 
consideration.

 (C) The South Carolina 
Supreme Court shall develop rules and forms for the implementation of the 
parenting plan.

 (A) A parenting plan is a document 
submitted by a party to the family court which identifies the type of custody, 
the parenting time for each parent with the child, and the manner and terms by 
which major decisions including, but not limited to, the child's education, 
medical and dental care, extracurricular activities, and religious training 
shall be made.

 (B) At any hearing where custody, 
parenting time, or decision making is contested, a party may submit a proposed 
parenting plan. The court shall consider any submitted parenting plan prior to 
issuing temporary and final custody orders.

SECTION 4. Section 63-15-230 of the S.C. Code is amended to read:

 Section 
63-15-230. (A) The court shall make 
the finalevery 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.The only type of custody 
which may be ordered by the family court is either sole custody or joint 
custody. There is no presumption for or against either type of custody. There 
is no requirement on the court to find exceptional circumstances to award either 
type of custody.

 (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. Every custody order shall:

 (1) determine and specify the schedule 
of parenting time for each parent with the child; and

 (2) in the event of joint custody, 
provide for how major decisions including, but not limited to, the child's 
education, medical and dental care, extracurricular activities, and religious 
train