H 5200

South Carolina General Assembly
126th Session, 2025-2026
Bill 5200
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING SECTION 63-15-215 SO AS TO ESTABLISH THAT JOINT
PHYSICAL CUSTODY IS PRESUMED TO BE IN THE BEST INTEREST OF A MINOR CHILD, WITH
EXCEPTIONS; TO DEFINE "JOINT PHYSICAL CUSTODY"; AND FOR OTHER PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 2, Chapter 15, Title 63 of the S.C. Code is
amended by adding:
    Section
63-15-215. (A) Upon the petition of
either parent for the initial determination of physical custody of a minor
child, there is a rebuttable presumption that joint physical custody is in the
best interest of a minor child. This presumption may be rebutted by evidence showing
that joint physical custody is not in the best interest of the child based on
the factors set forth in Section 63-15-240.
    (B)
The court shall consider the factors set forth in Section 63-15-240, and shall
make written findings of fact and conclusions of law regarding the best
interest of the minor child, unless waived by both parties or the parents have
stipulated to the terms of an agreement resolving the petition.
    (C)
The presumption set forth in subsection (A) is not applicable if the court
finds that a parent has a history of committing domestic violence or has a
conviction for assault or criminal sexual conduct, creating instead a
rebuttable presumption that joint physical custody is not in the best interest
of the minor child.
    (D)
For purposes of this article, "joint physical custody" means a division of time
with the child that is approximately and reasonably equal for each parent, as
agreed to by each parent or as ordered by the court.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on February 18, 2026 at 01:06 PM