The bill H. 3085 aims to amend the South Carolina Code of Laws regarding child custody and parenting plans. It introduces a rebuttable presumption that it is in the best interest of a child to spend approximately equal time with both parents when they are deemed willing, able, and fit. This presumption is established in Section 63-15-220, which also requires the court to evaluate evidence based on the child's best interest. Additionally, the bill mandates that custody orders must include findings of fact if the time-sharing schedule does not allocate equal parenting time, ensuring that the court considers specific factors when determining custody arrangements.

Furthermore, the bill amends Section 63-15-240 to outline the factors the court must consider when issuing or modifying custody orders, including the child's needs, parental relationships, and any history of domestic violence. It emphasizes the necessity for written findings if the custody order does not provide for equal parenting time, thereby enhancing accountability in custody decisions. The bill is set to take effect upon the Governor's approval.

Statutes affected:
12/05/2024: 63-15-220, 63-15-240
Latest Version: 63-15-220, 63-15-240