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 that the court consider parenting plans submitted by each parent during custody hearings. Additionally, the bill mandates that if a custody order does not allocate approximately equal parenting time, the court must provide written findings of fact explaining why this arrangement is not in the child's best interest.

Furthermore, the bill amends Section 63-15-240 to outline specific factors the court must consider when determining the best interest of the child, including the child's temperament, the parents' ability to meet the child's needs, and any history of domestic violence. It also stipulates that custody orders must include findings of fact if they do not provide for equal parenting time and cannot be modified without demonstrating a substantial change in circumstances. Overall, the bill seeks to promote shared parenting and ensure that custody decisions are made with the child's best interests as the primary focus.

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