SOUTH CAROLINA

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NPO AFFILIATE | SC

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Highlights:

In instances of divorce or separation:

  • 97% of those in South Carolina believe it is in the child’s best interest to have as much time as possible with each parent.

  • 94% in South Carolina expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 82% of those in South Carolina indicated they would support a change in South Carolina law that awards children as much time as possible with each parent.

  • 81% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

  • 92% believe that both parents should have equal rights and responsibilities following divorce or separation.

  • 93% believe that South Carolina should promote shared parenting for all children with separated parents.

2022 NPO Child Support And Shared Parenting Report Card

WHY DID SOUTH CAROLINA RECEIVE A C-?

POSITIVES:

  • South Carolina's PTA appropriately takes into account the effect of the PTA on both parents' households.

  • South Carolina's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • South Carolina's PTA has an unjustifiably high threshold of 110 days.

  • South Carolina's PTA has a large discontinuity (or discontinuities), creating a large cliff effect or multiple cliff effects.

  • South Carolina's PTA overestimates the fixed, duplicated costs involved in shared parenting.

  • Under certain circumstances, South Carolina's PTA calculation can inappropriately result in a higher child support award than under sole custody.

2019 NPO Shared Parenting Report Card

WHY DID SOUTH CAROLINA RECEIVE A D-?

POSITIVES:

  • South Carolina statutes specify a “friendly parent” factor as one possible factor relevant to determining a child’s best interest when making custody decisions. S.C. CODE ANN. § 63-15-40(B)6

NEGATIVES: 

  • South Carolina has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • South Carolina statutes do not explicitly provide for shared parenting during either temporary or final orders.

  • South Carolina statute does not contain any policy statement or other language encouraging shared parenting. Though South Carolina statutes specify a “friendly parent” factor as one possible factor in determining a child’s best interest they do not mandate consideration of this factor. S.C. CODE ANN. § 63-15-40(B)6