South Carolina S 901: Equal Parenting Act

Bill Text

2025-2026 Bill 901 Text of Previous Version (Feb. 10, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 901

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 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.

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

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

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

 Section 
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.

SECTION 3. Section 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.

SECTION 4. Sections 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