The bill H. 5200 aims to amend the South Carolina Code of Laws by adding Section 63-15-215, which establishes a rebuttable presumption that joint physical custody is in the best interest of a minor child when either parent petitions for the initial determination of custody. This presumption can be challenged by evidence indicating that joint custody may not serve the child's best interests, as outlined in Section 63-15-240. The court is required to consider these factors and provide written findings unless both parties agree otherwise.

Additionally, the bill specifies that the presumption of joint physical custody does not apply if a parent has a history of domestic violence or a conviction for assault or criminal sexual conduct, in which case there is a rebuttable presumption against joint custody. The bill also defines "joint physical custody" as a division of time with the child that is approximately equal for each parent, either through mutual agreement or court order. The act will take effect upon the Governor's approval.

Statutes affected:
02/18/2026: 63-15-215
Latest Version: 63-15-215