SOUTH CAROLINA FAMILY PRESERVATION & INTEGRITY ACT

Parental Alienation Resource
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SECTION 1. TITLE

This act shall be known and may be cited as the “South Carolina Family Preservation & Integrity Act.”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

(A) The General Assembly finds that:

The right of parents to the care, custody, and companionship of their children is a fundamental liberty interest protected by the United States Constitution and the Constitution of the State of South Carolina.
Decades of court practices have resulted in inconsistent application of this right, often leading to unnecessary litigation, prolonged separation between parents and children, and emotional harm to families.
Equal and continuing involvement of both fit parents is presumed to serve the best interests of children absent clear and convincing evidence to the contrary.
Children benefit from stable relationships not only with both parents but also with siblings, grandparents, and extended family members.
Family integrity, due process, and the presumption of innocence must remain central to all custody, visitation, and family-court determinations.

(B) It is therefore the intent of the General Assembly to:

Establish a rebuttable presumption that equal or near-equal parenting time serves the best interests of the child;
Require clear and convincing evidence to overcome that presumption;
Protect parental rights and family integrity consistent with Troxel v. Granville, Santosky v. Kramer, and other constitutional precedent;
Encourage cooperation, reduce unnecessary litigation, and promote the preservation of the family relationship;
Ensure that parental roles are clearly defined and that no child is deprived of contact with a parent, sibling, or extended family member without due process and explicit judicial findings;
Guarantee that no parent and child shall go longer than thirty (30) consecutive days without some form of contact, unless a judge issues written findings of imminent physical or emotional harm.

SECTION 3. DEFINITIONS

For the purposes of this Act:

“Equal parenting time” means a schedule in which each parent has substantial and meaningful time with the child, as close to 50/50 as practicable.
“Clear and convincing evidence” means a high level of proof producing a firm belief that a claim is true; it must be based on competent, admissible, and non-hearsay evidence.
“Due process” includes the right to notice, hearing, counsel, confrontation of witnesses, presentation of evidence, and impartial adjudication.
“Family preservation” means maintaining the child’s ongoing relationship with both parents, siblings, grandparents, and extended family unless proven unsafe by clear and convincing evidence.
“Guardian ad litem (GAL)” means a court-appointed representative charged with protecting a child’s best interests, subject to disclosure, accountability, and fee regulation under this Act.
“Licensed professional” means a therapist, counselor, or evaluator holding valid and current licensure in the state where services are rendered.
“Bad-faith litigation” means any intentional action or strategy by counsel or a party designed to obstruct reunification, reduce parenting time, or prolong litigation for financial or tactical gain.
“Temporary order” means any order entered prior to a final custody determination; such orders are limited in duration under this Act.
“Restoration pathway” means a written, court-defined plan outlining the steps required for a parent to regain full contact or custody after restriction.
“Material change in circumstances” means a substantial, factual alteration in the child’s welfare or living conditions that could justify modification of custody or parenting time.

SECTION 4. PRESUMPTION OF EQUAL SHARED PARENTING

(A) In all initial custody proceedings, the court shall begin with a rebuttable presumption that joint legal custody and equal or near-equal physical custody are in the best interests of the child.

(B) The presumption may be rebutted only by clear and convincing evidence demonstrating that shared parenting would result in serious, identifiable harm to the child.

(C) No presumption shall exist in favor of either parent based on gender, financial status, or historical caregiving role.

(D) In determining exceptions to equal parenting, the court shall make specific written findings of fact identifying the evidence relied upon and the reasons deviation is necessary.

(E) The court shall consider both geographic feasibility and the child’s relationship with siblings and extended family before limiting parenting time.

SECTION 5. PARENTING TIME AND GEOGRAPHIC CONSIDERATIONS

(A) When parents reside within reasonable proximity, equal or near-equal parenting time shall be ordered unless rebutted by clear and convincing evidence.

(B) When parents live in different school districts or geographic regions making equal physical custody impractical, the court shall ensure substantial parenting time through one or more of the following:

Extended summer, holiday, and school-break periods;
Virtual visitation or remote communication on a regular, scheduled basis;
Alternating weekends and additional consecutive days where feasible;
Travel cost sharing to ensure neither parent is unduly burdened.

(C) The court shall not restrict parenting time solely due to relocation, employment, or logistical inconvenience if reasonable accommodations can preserve the relationship.

(D) Geographic distance shall never be used to justify the elimination of one parent’s active participation in the child’s life.

SECTION 6. DUE PROCESS PROTECTIONS

(A) All custody, visitation, and parental-rights proceedings shall adhere to fundamental due process, including but not limited to:

Reasonable written notice of any hearing that may alter parenting time;
Full access to all evidence, exhibits, and reports used by the court or its agents;
The right to cross-examine witnesses, including guardians ad litem and mental-health professionals;
The right to legal counsel, and appointment of counsel where parenting time may be reduced;
A clear statement of findings and legal reasoning in all written orders;
A prohibition on ex parte communications between the court and any party, professional, or witness, except as expressly permitted by law; and
The right to a full evidentiary hearing within ninety (90) days of any temporary or emergency restriction of contact.

(B) Any order or restriction imposed without these due process protections shall be voidable and subject to immediate review.

SECTION 7. LIMITATIONS ON TEMPORARY ORDERS

(A) Temporary custody or visitation orders that restrict or suspend a parent’s time with their child may not exceed ninety (90) days without a full evidentiary hearing.

(B) Temporary restrictions must include a written Restoration Pathway outlining the specific steps necessary to return to equal or substantial parenting time.

(C) The court shall not enter or extend temporary no-contact orders absent clear and convincing evidence of imminent harm.

(D) The court must review any continuing restrictions every thirty (30) days and provide a written explanation for any continuation.

SECTION 8. DISCOVERY REFORM AND PRIVACY PROTECTIONS

(A) Discovery in family-court matters shall be strictly limited to issues directly relevant to:

The original cause for dissolution or separation; or
A material change of circumstances alleged as the basis for modification.

(B) Intrusive discovery, including financial, medical, or third-party records, shall be permitted only upon a demonstrated need-to-know basis supported by written findings of relevance.

(C) Upon motion of any party, or on the court’s own initiative, the court shall issue protective orders to prevent misuse of discovery for harassment, intimidation, or retaliation.

(D) All discovery disputes shall be resolved on an expedited basis to minimize delay and expense.

SECTION 9. GUARDIAN AD LITEM (GAL) AND PROFESSIONAL STANDARDS

(A) Guardians ad litem, custody evaluators, and mental-health professionals shall disclose under oath:

Current professional license and state of licensure;
All financial compensation and payment sources in the case;
Any prior or concurrent professional relationships with either party, counsel, or related experts, including the number of prior shared cases; and
Any conflicts of interest or referrals exchanged among the same professionals.

(B) No court may rely on reports or recommendations from any professional who:

Lacks proper licensure in South Carolina;
Has a disclosed or undisclosed conflict of interest; or
Acts beyond the authorized scope of credentials.

(C) Guardian ad litem and evaluator fees shall be subject to statutory caps established by the Judicial Branch, ensuring proportionality to income and case complexity.

(D) No parent shall be incarcerated, sanctioned, or found in contempt solely for inability or good-faith refusal to pay GAL or evaluator fees when bias, misconduct, or financial hardship is demonstrated.

(E) Any GAL or professional found to have acted with bias, coercion, or conflict of interest shall be subject to immediate removal and referral to the appropriate licensing authority.

SECTION 10. CHILD SUPPORT EQUITY AND ACCOUNTABILITY

(A) Child support shall be determined based on each parent’s income, actual parenting time, and demonstrated financial needs of the child, without regard to custody label.

(B) In cases of equal or near-equal parenting time, support shall reflect only income disparity and documented expenses for the child’s care.

Suspend or adjust child-support obligations;
Order make-up parenting time; or
Award attorney’s fees to the compliant parent.

(D) When a parent’s financial hardship prevents compliance, modification or payment plan shall be offered before enforcement or contempt proceedings are initiated.

(E) No child-support enforcement action shall result in incarceration without a judicial finding that the parent had both the ability and opportunity to pay.

SECTION 11. THERAPY AND REUNIFICATION STANDARDS

(A) Any therapy, reunification, or counseling ordered by the court shall be:

Conducted only by licensed professionals authorized to practice in South Carolina;
Implemented solely for the purpose of providing a safe, supportive, and restorative environment for the child to maintain or rebuild relationships with both parents;
Structured around measurable clinical goals and time-limited interventions that advance reunification, not delay it.

(B) No therapist or counselor shall act contrary to professional licensing standards or at the direction of the court in a manner inconsistent with state law, ethics, or clinical independence.

(C) Therapy services ordered by the court shall be made available to all parents regardless of income. When a parent demonstrates financial hardship, the court shall direct access to state-subsidized or sliding-scale programs.

(D) All therapeutic restrictions must include a written Restoration Pathway specifying criteria and timeline for progression to unsupervised or equal parenting time.

(E) No parent shall be ordered to undergo mental-health evaluation, counseling, or treatment unless:

There exists documented clinical evidence or a prior diagnosis from a licensed mental-health professional indicating a legitimate need for such intervention; and
The order is narrowly tailored to address a specific, identified concern supported by clear and convincing evidence.

(F) Seeking relief, enforcement, or modification in family court does not constitute evidence of a mental disorder and shall not be used to justify mandatory evaluation or therapy.

(G) Judges, attorneys, guardians ad litem, and other non-clinical professionals shall not recommend, diagnose, or prescribe mental-health treatment or evaluation beyond their professional scope.

(H) Any mental-health recommendation must originate from a licensed provider in good standing, who has personally evaluated the parent and is authorized to practice in South Carolina.

SECTION 12. MINIMUM PARENT-CHILD CONTACT AND COMMUNICATION

(A) Under no circumstances shall a child be deprived of contact with either parent for more than thirty (30) consecutive days without a written judicial finding of imminent physical or emotional danger supported by clear and convincing evidence.

(B) When restrictions are necessary, the court shall ensure continuing contact through at least one of the following:

Supervised visitation at a certified facility;
Virtual or telephone communication on a fixed weekly schedule; or
Written correspondence monitored for safety when appropriate.

(C) Each order limiting contact shall state precise boundaries of the parent’s role and the specific mechanism by which contact occurs so that a parent’s position in the child’s life is never left open to interpretation.

(D) Any violation of this section without proper judicial findings shall constitute reversible error and grounds for immediate review.

SECTION 13. SIBLING AND EXTENDED-FAMILY RELATIONSHIPS

(A) Children shall have a protected right to maintain meaningful, continuing relationships with their siblings, grandparents, and extended family members on both parental sides unless such contact is proven by clear and convincing evidence to endanger the child.

(B) The court shall give substantial weight to preserving sibling unity and extended-family bonds when establishing parenting schedules or relocation orders.

(C) Relocation or custody determinations that would substantially impair sibling or extended-family relationships shall include written findings explaining why no less-restrictive alternative exists.

(D) The denial of sibling or grandparent contact may be reviewed and modified upon verified evidence that renewed contact is safe and beneficial.

SECTION 14. FALSE ALLEGATIONS AND BAD-FAITH LITIGATION

(A) Any party or professional who knowingly makes false allegations of abuse, neglect, or domestic violence for the purpose of limiting another parent’s custody or parenting time shall be subject to sanctions including:

Assessment of attorney’s fees and costs;
Referral to the Department of Social Services or appropriate licensing board; and
Possible modification of custody or visitation in favor of the falsely accused parent.

(B) The court shall order an expedited evidentiary hearing within sixty (60) days of any allegation that results in restricted parenting time to determine credibility and prevent prolonged deprivation of contact.

(C) Professionals, including GALs and therapists, who rely on unverified or disproven allegations in reports or testimony shall be subject to disciplinary referral and removal from the case.

SECTION 15. ATTORNEY CONDUCT AND ETHICAL OBLIGATIONS

(A) Attorneys practicing in family court shall not engage in or encourage disingenuous or bad-faith litigation intended to:

Delay reunification or hearings;
Increase fees through unnecessary motions; or
Manipulate the record to restrict a fit parent’s contact.

(B) Violations of this section shall subject the attorney to sanctions under Rule 11, referral to the South Carolina Office of Disciplinary Counsel, and liability for opposing-party fees.

(C) Family-court judges shall have the authority and obligation to report any observed pattern of misconduct or collusion among attorneys, GALs, or evaluators to the appropriate regulatory bodies.

SECTION 16. CRIMINAL ALLEGATIONS AND REFERRAL REQUIREMENTS

(A) Family court shall not investigate, adjudicate, or determine guilt regarding any alleged criminal act, including but not limited to abuse, neglect, or domestic violence.

(B) Upon presentation of allegations that may constitute a criminal offense under South Carolina or federal law, the family court shall:

Immediately refer the matter to the appropriate law-enforcement agency or prosecutor for investigation; and
Continue civil proceedings only as necessary to protect the child’s immediate safety and welfare.

(C) The family court may issue temporary protective measures pending law-enforcement investigation but shall not impose long-term restrictions absent criminal adjudication or clear and convincing evidence of imminent danger.

(D) Findings of “concern” or “risk” shall not substitute for evidentiary findings of abuse or criminal conduct.

(E) All parties shall have the right to review investigative results and cross-examine witnesses or professionals relying on such allegations.

SECTION 17. INTERSTATE JURISDICTION AND LICENSURE INTEGRITY

(A) All custody and visitation matters shall comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to ensure proper venue and prevent conflicting orders across state lines.

(B) Any professional, therapist, or counselor participating in a South Carolina family-court matter must:

Hold current, valid licensure in South Carolina; or
Be formally authorized under a recognized interstate compact permitting practice within this state.

(C) Recommendations, evaluations, or testimony from professionals acting outside their licensure jurisdiction or scope of practice shall be inadmissible.

(D) No GAL, attorney, or party shall select or engage an out-of-state professional for the purpose of evading South Carolina’s licensure or oversight requirements.

(E) The court shall reject any submission or report obtained through unlicensed or unauthorized practice.

SECTION 18. RESTORATION PATHWAY AND CONTINUING REVIEW

(A) Any order that restricts a parent’s contact or custody shall include a written Restoration Pathway that identifies:

The specific behaviors or conditions justifying restriction;
The measurable steps required to remedy such concerns; and
A defined timeline for review and reinstatement of normal contact.

(B) No restriction shall continue indefinitely or without progress benchmarks; failure by the court to hold review hearings at least every ninety (90) days shall constitute a violation of this Act.

(C) Upon completion of restoration criteria, the restricted parent shall be entitled to immediate reinstatement of full parenting time without additional litigation.

(D) The burden of proof for continuing restriction rests with the party or GAL asserting ongoing risk.

SECTION 19. FAMILY COURT OVERSIGHT AND ACCOUNTABILITY OFFICE

(A) There is hereby established a Family Court Oversight and Accountability Office (FCOAO) within the South Carolina Judicial Branch to ensure transparency, accountability, and fairness in family-court operations.

(B) The FCOAO shall:

Audit all cases involving GAL appointments and report aggregate fees and case outcomes;
Maintain a public registry of licensed GALs, evaluators, and custody professionals, including disciplinary actions and conflicts of interest;
Receive and investigate complaints regarding misconduct or bias by family-court professionals;
Publish an annual report summarizing custody outcomes, complaint statistics, and compliance with this Act; and
Refer findings of ethical or criminal violations to the proper authorities.

(C) All family-court professionals shall cooperate fully with FCOAO inquiries, and failure to do so shall result in suspension from further appointments.

SECTION 20. JUDICIAL TRAINING AND PERFORMANCE REVIEW

(A) The South Carolina Judicial Branch shall implement mandatory annual training for all family-court judges, guardians ad litem, and custody professionals on:

Equal shared parenting principles and child-development research;
The psychological and legal implications of parental alienation and coercive control;
Identification and handling of false allegations and unsubstantiated claims;
Due process requirements and constitutional protections of parents and children; and
The ethical boundaries of court-ordered therapy and professional recommendations.

(B) Every five years, the Judicial Branch shall conduct a performance review of family-court judges assessing compliance with this Act’s standards for transparency, due process, and family preservation.

(C) Judicial review findings shall be compiled into a public report submitted to the General Assembly, ensuring accountability and adherence to best practices.

SECTION 21. CIVIL RIGHTS ENFORCEMENT AND REMEDIES

(A) Violations of parental due process rights, equal protection, or the presumption of fitness under this Act shall constitute a civil rights violation actionable under both state and federal law.

(B) Any parent deprived of custody, visitation, or communication with their child without written findings of clear and convincing evidence of unfitness may file a petition for relief in circuit court or seek redress under 42 U.S.C. §1983.

Restoration of parenting time;
Reversal of improper orders;
Attorney’s fees and costs; and
Compensatory damages for proven harm caused by unlawful deprivation.

(D) Qualified immunity shall not apply to state officials, GALs, or professionals who knowingly act beyond their authority or in violation of constitutional rights.

SECTION 22. ANTI-RETALIATION AND PROTECTION OF ADVOCACY RIGHTS

(A) No parent, guardian, or professional shall be penalized, restricted, or retaliated against for:

Exercising free speech or lawful advocacy related to family court reform or personal experience;
Filing complaints or reports of professional misconduct; or
Asserting constitutional or statutory rights in court filings.

(B) Retaliation includes but is not limited to:

Removal or restriction of parenting time;
Disqualification of the parent’s chosen professional or therapist;
Harassment, intimidation, or character attacks by court-appointed officials; or
Unjustified modification of orders following protected activity.

(C) Any finding of retaliation shall result in immediate review of the affected orders and referral to the South Carolina Judicial Conduct Commission or relevant licensing authority.

SECTION 23. TRANSPARENCY AND DATA COLLECTION

(A) The Family Court Oversight and Accountability Office shall maintain a secure, searchable public database including:

Aggregate statistics on custody outcomes, parenting time allocations, and GAL appointments;
Fees paid to guardians ad litem, evaluators, and therapists in family-court cases;
Rates of modification, appeals, and reversals citing due process violations; and
Complaint and disciplinary outcomes for family-court professionals.

(B) Data shall be anonymized to protect privacy but remain sufficient for independent review and legislative evaluation of systemic fairness.

(C) The Judicial Branch shall annually publish a Family Court Accountability Report summarizing the above data and recommending reforms to the General Assembly.

SECTION 24. RIGHT TO COUNSEL AND ASSISTANCE FOR SELF-REPRESENTED PARENTS

(A) Whenever a parent faces a proceeding that may result in reduced parenting time, supervised contact, or loss of custodial rights, the court shall ensure the parent is:

Represented by counsel; or
Provided the opportunity for court-appointed counsel if unable to afford one.

(B) The State shall fund a Parental Defense Program to provide legal representation to low-income parents in custody and visitation proceedings affecting fundamental rights.

(C) The court shall provide simplified procedural assistance for self-represented parents, including standardized motion templates, discovery request limits, and plain-language explanations of due process rights.

(D) No parent shall be disadvantaged for proceeding pro se when acting in good faith to protect their parental relationship.

SECTION 25. EFFECTIVE DATE AND IMPLEMENTATION

(A) This Act takes effect upon approval by the Governor.

(B) It applies to all custody, visitation, and parental-rights cases filed or pending on or after that date.

Adopt rules and procedures consistent with this Act;
Establish the Family Court Oversight and Accountability Office;
Set reasonable fee caps for GALs, evaluators, and therapeutic providers; and
Develop training materials and forms to support implementation.

(D) All prior statutes, rules, or administrative orders inconsistent with this Act are hereby repealed or superseded to the extent of such conflict.