Equal Parenting Proposal Fuels a Nationwide Conversation on Custody Reform

South Carolina lawmakers have reintroduced a major child custody reform bill, reigniting a statewide debate over how courts should decide parenting time after separation or divorce.

The proposal has immediately reignited a familiar, often deeply personal debate across the state. Supporters see the bill as a long-overdue fairness measure. Critics worry it places too much pressure on vulnerable children and the parents trying to protect them. And this isn’t just a South Carolina story. It’s part of a growing national movement that is rapidly reshaping the norms of family court.

A Dramatic Rewrite of Custody Expectations

Under current South Carolina law, judges evaluate custody cases through a broad “best interest of the child” lens. It’s a flexible standard—one that gives courts significant discretion. But that discretion, supporters of the bill say, often works against one parent, typically the one who didn’t remain in the primary residence after the relationship ended.

H.3085 aims to change that starting point. Instead of requiring a parent to fight uphill for equal time, the bill instructs the court to start at approximately 50/50 when both parents are fit and willing. Judges can adjust that balance, but they must explain why in writing.

Rep. Gil Gatch, a family law attorney and the bill’s lead sponsor, told WLTX that far too many capable parents end up marginalized not because of misconduct or instability, but simply because of the structure of the current system. “A really good parent who is able, willing, and fit…can’t be a part of [their child’s life] because they’re separated from their spouse or the other parent,” he said. Gatch stressed that the bill doesn’t strip judges of decision-making power—it simply changes where they begin.

H.3085 details that both temporary and final custody decisions must take into account parenting plans submitted by each parent. The bill also requires judges to justify any departure from an equal time-sharing arrangement in written findings of fact. And once an order is in place, modifying it would require a substantial, material, and unanticipated change in circumstances—a standard already familiar in South Carolina law, but now tied directly to parenting time.

Safety Concerns and the Realities of Family Life

Not everyone is convinced that a 50/50 default works in practice. Family court attorney Lauren Taylor told WLTX that the biggest risk is invisible: the cases involving abuse or neglect that never produce a police report or medical record. Placing the burden on one parent to prove the other is unfit, she said, could leave children in situations that are unsafe but difficult to document.

Taylor also raised a more everyday concern—how children cope with constant transitions. Weekly switches, she noted, may disrupt routines, schoolwork, and emotional stability. “It’s great in theory,” she said. “But what are the consequences going to be when the child doesn’t remember where their homework is because they’re being uprooted and moved every week?”

The bill also nods toward future changes involving guardians ad litem, the court-appointed advocates who serve as the eyes and ears of the court in custody cases. While the oversight provisions have not yet been drafted, Gatch has said he wants more accountability and clearer guardrails. Taylor countered that too much oversight could backfire and slow cases down if litigants repeatedly request new guardians. Her suggestion: allow only one replacement per case to prevent spiraling disputes.

A Movement Spreading Across the Country

South Carolina’s debate echoes what is happening hundreds of miles away.

In Pennsylvania, Rep. Jamie Flick has become a leading voice for equal parenting reform. His proposal, House Bill 1499, mirrors many of the ideas now appearing in South Carolina: a presumption of shared custody, simpler legal language, clearer rules for temporary orders, and a requirement that judges explain in writing when they deviate from equal time. Flick, whose own custody experience fuels his advocacy, says shared parenting isn’t a political issue—it’s a children’s issue.

The momentum isn’t isolated. States such as Kentucky, Arkansas, West Virginia, Florida, and Missouri have already enacted versions of shared-parenting laws. More than a dozen others are exploring similar legislation. As Flick put it, “This isn’t red or blue. It’s about fairness, family, and the future of our kids.”

Where South Carolina Goes From Here

H.3085 is still early in the legislative process, residing in the House Judiciary Committee. A similar bill introduced by Gatch last year never made it out of committee, but lawmakers say the attention surrounding this new proposal—and the national momentum behind shared parenting—could change that trajectory.

South Carolina’s debate ultimately reflects a larger question facing states nationwide: What does fairness look like in modern American families? And should equal parenting time be the starting point, not the exception?

For supporters, the answer is yes—and they believe H.3085 marks the beginning of correcting deep, structural imbalances. For critics, the bill risks overlooking nuances that only a judge’s full discretion can capture.

Both sides agree on one thing: the stakes could not be higher. Child custody determines not only where a child sleeps, but how they grow, who raises them, and the role each parent plays in their daily life. And with states like Pennsylvania and South Carolina now moving in tandem, the conversation is only gaining strength.