South Carolina House Bill H3505

South Carolina 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-15-245 SO AS TO PROVIDE FOR ADDITIONAL PARENTING TIME FOR A PARENT WHO HAS BEEN DENIED COURT-ORDERED PARENTING TIME FOR CERTAIN REASONS.

Impact

The implementation of HB 3505 is likely to have a significant effect on existing state laws governing family court proceedings and parenting arrangements. By establishing this mandate, the bill seeks to provide more equitable treatment for parents subjected to false allegations or unfounded investigations. This change could lead to a transformation in how courts approach parenting time in cases with such circumstances, potentially ensuring that children maintain regular contact with both parents when it's deemed safe and appropriate.

Summary

House Bill 3505 aims to amend the South Carolina Code of Laws by introducing Section 63-15-245, which is designed to ensure that parents who have been unjustly denied court-ordered parenting time are able to reclaim that time. Specifically, the bill mandates that unless proven otherwise by a party in question, courts must order additional parenting time for parents denied access due to certain circumstances, such as an investigation by the Department of Social Services that did not lead to a finding of abuse or neglect, or material misrepresentations made regarding that parent in court.

Contention

Notable points of contention surrounding the bill may include concerns about its impact on the judicial process and the possibility of misuse. Critics might argue that while the bill aims to protect parental rights, there is a risk that it could inadvertently undermine the seriousness of allegations made to the Department of Social Services. Furthermore, questions may arise regarding the thresholds for proving 'good cause' which could lead to debates about the balance between parental rights and child protection measures.