South Carolina Not Among States with 50/50 Custody Rule

Establishing custody terms can be very difficult during divorces between parents of minor children and matters involving unmarried parents. Throughout the country, parties and courts seek to develop parenting plans that are in the best interests of the young people involved. However, determining exactly what that means can be complex and emotional. In fact, states even differ as to how a custody analysis should be conducted.  

Some jurisdictions have 50/50 custody laws. This means that courts begin their analysis with the presumption that equal parenting time is the optimal solution for children. Of course, there are many factors that can overcome this presumption, such as a parent’s substance abuse problem or history of domestic violence. There are also situations in 50/50 states where a judge orders that a youth reside primarily in one home because of their educational needs, differences in household environments, parental ability or the fact that the child has a closer relationship with either their mother or father. 

South Carolina does not have an equal parenting time presumption, though parents can agree on a schedule where their child spends roughly the same amount of nights in each residence. Likewise, if the child custody arrangements are litigated, the judge can decide that a 50/50 arrangement is in the youth’s best interests.  However, that is generally on a temporary basis.   Studies have shown that it is not in a child’s best interest for parents to have equal time.  The court rarely orders shared time on a permanent basis.   

Supporters of a 50/50 custody presumption believe that it improves the likelihood that sons and daughters will maintain strong relationships with both parents. Equal parenting time might also reduce feelings of favoritism or resentment and promote a sense of cooperation and stability. Additionally, splitting time between homes encourages both parents to share responsibilities, from school drop-offs to attendance at extracurricular activities.

However, 50/50 custody is not without its challenges. For families living far apart, equal parenting time can be logistically difficult and disruptive to the child’s routine. It may also lead to increased conflict if parents struggle to communicate or cooperate effectively. There might also be instances where judges rely too heavily on the equal time presumption and overlook the fact that a child is likely better off if one parent has primary physical custody.  

McManaway Law, LLC represents Upstate South Carolina parents in negotiations and legal proceedings relating to child custody and visitation. Please call 864-428-8912 or contact me online for assistance with a parenting plan or another family law matter. My office is in Greenville.