For years, many South Carolinians involved with the Family Court system have called for reforms, expressing concerns over the practices within the system. A common question has been: “Why aren’t lawyers and judges held to higher standards, considering the impact their decisions have on children’s futures?”
In 2025, South Carolina legislators are proposing several changes aimed at addressing these issues. Here is a summary of the key bills under consideration and their potential impact:
H3085: Advocating for Shared Parenting
This bill seeks to amend Section 63-15-220 of the South Carolina Code of Laws, establishing a rebuttable presumption that it is in the best interest of the child to spend approximately equal time with both parents—provided both parents are willing, able, and fit.
Additionally, Section 63-15-240 would require courts to:
- Consider specific factors when determining a child’s best interest.
- Include detailed findings of fact in custody orders if the time-sharing schedule does not allocate roughly equal parenting time.
- Meet defined requirements when modifying custody orders.
The goal is to promote Shared Parenting, ensuring children have equitable access to both parents. Despite repeated efforts in past years, similar bills have often failed to pass due to opposition from the judiciary committee, composed largely of attorneys/legislators who profit from the current status quo. Advocates argue that passing this bill would address long-standing concerns about fairness in the Family Court system.
H3612: Protecting Incarcerated Parents’ Rights
This proposed amendment to Section 63-7-2570 aims to clarify the grounds for terminating parental rights due to:
- Willful failure to visit the child.
- Willful failure to support the child financially.
Specifically, the bill addresses situations where an incarcerated parent is unable to visit or provide financial support. Terminating parental rights in such cases, advocates argue, raises ethical and legal concerns. The bill’s supporters believe it will prevent unjust practices and ensure that incarceration alone is not grounds for severing parental rights without proper consideration of the circumstances.
H4606: Defining “Legal Custody”
The bill proposes adding a formal definition of “legal custody” to Section 63-15-210. While many states already define this term, South Carolina currently lacks an explicit definition in its Family Court system.
In most jurisdictions, legal custody is understood to mean the right and responsibility to make major decisions about a child’s:
- Health care (e.g., choosing physicians or medical treatments).
- Education (e.g., selecting schools).
- Religious upbringing.
- Counseling or therapy needs.
Legal custody can be shared between both parents (joint legal custody) or awarded to one parent (sole legal custody). By defining this term, South Carolina would provide clearer guidance for parents and attorneys navigating custody disputes. Many legal experts argue these decisions are protected under the U.S. Constitution, further emphasizing the importance of codifying the definition.
Other States define Legal Custody as the right and responsibility to make significant decisions about a child’s health, education, and welfare. These decisions can include:
- Choosing a school
- Selecting a physician
- Deciding on medical treatments
- Selecting orthodontic treatment
- Deciding on counseling or psychotherapy
- Choosing a religion
Legal custody can be shared by both parents, or held solely by one parent. The most common types of legal custody arrangements are sole legal custody and joint legal custody.
H3014: Expanding Visitation Rights for Unmarried Fathers
Under current laws, unmarried fathers in South Carolina often face significant challenges in securing visitation rights. H3014 seeks to amend Section 63-17-20, requiring courts to award visitation rights to fathers if paternity is acknowledged or legally established—except in certain circumstances where visitation is not in the child’s best interest.
This bill aims to address the imbalance unmarried fathers often experience in Family Court, granting them greater opportunities to maintain relationships with their children. Advocates believe it represents a critical step toward ensuring parental equality in cases where both parents are fit and capable.
Conclusion
The proposed reforms to South Carolina’s Family Court system represent a significant push for fairness, clarity, and accountability. From promoting shared parenting to protecting incarcerated parents’ rights and ensuring unmarried fathers have a voice, these legislative changes could profoundly impact how families navigate custody and visitation.
As these bills progress through the legislative process in 2025, they will undoubtedly spark debate, but their passage could bring long-awaited reforms to a system that many feel is overdue for change.