By Michael Phillips | Father & Co.

In early 2026, the movement for equal parenting rights—often referred to as shared parenting or presumptions of joint or equal custody—continues to advance slowly and unevenly across the United States. There is no sweeping federal mandate, and for now, reform remains firmly rooted at the state level.

That reality reflects a basic constitutional fact: family law is overwhelmingly a state responsibility. But it also means that progress depends on dozens of separate legislatures, political cultures, and judicial systems—each with its own incentives, resistance points, and institutional habits.

What has changed in recent years is not the destination being debated, but the seriousness with which legislatures are now willing to revisit long-standing custody defaults.

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A National Snapshot: Where the States Stand

According to the National Parents Organization (NPO) 2025 Shared Parenting Report Card, momentum toward shared parenting continues, albeit incrementally:

• 6 states earned “A” grades for strong shared parenting laws
• 10 states plus Washington, D.C. earned “B” grades
• 19 states earned “C” grades
• 14 states earned “D” grades
• 2 states earned “F” grades

While the distribution still reflects wide disparity, it marks gradual improvement compared to earlier reports from the late 2010s. More states now incorporate shared parenting presumptions, or at least factors favoring meaningful involvement by both parents.

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States With Strong Presumptions of Equal Parenting

Five states have enacted clear rebuttable presumptions that equal or near-equal parenting time is the default for fit parents, absent evidence of abuse, neglect, or unfitness:

• Kentucky (2018)
  Often cited as the modern pioneer. Supporters point to a reported decline in divorce rates following passage, though critics caution against attributing causation too confidently.
• Arkansas (2021)
• West Virginia (2022)
• Florida (2023)
• Missouri (2023)

These laws share a common framework: equal parenting is presumed to serve the child’s best interest, but courts retain discretion to deviate when safety concerns are substantiated.

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Recent State Activity: Late 2025 to Early 2026

South Carolina

In January 2026, lawmakers introduced H. 4622, the Equal Parenting Act. The bill would establish a rebuttable presumption of equal parenting time, require written judicial findings when unequal time is ordered, and provide safeguards against guardian ad litem bias. It also allows modification when one parent interferes with the other’s court-ordered time.

The proposal has bipartisan sponsorship and strong advocacy backing, but remains early in the legislative process.

Pennsylvania

In 2025, Pennsylvania enacted reforms reducing custody factors from 19 to 12, aiming for greater clarity and consistency. Building on that foundation, House Bill 1499, sponsored by Rep. Jamie Flick, seeks a stronger equal-access presumption. By late 2025, it had attracted more than 50 co-sponsors, signaling broad legislative interest even if passage remains uncertain.

Texas

Texas lawmakers continue to debate bills such as SB 849, which would more clearly define and promote “equal parenting orders” for joint managing conservators. Similar efforts have stalled in prior sessions, reflecting persistent institutional resistance despite recurring public support.

Elsewhere

Advocacy continues in states like Kansas, while courts in Illinois and other jurisdictions have issued recent decisions emphasizing shared parenting principles without fully adopting presumptions. Roughly 20 additional states are considered “close” to reform under NPO tracking.

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Why the Debate Persists

Supporters of equal parenting laws argue that clear presumptions:

• Reduce litigation incentives and prolonged conflict
• Encourage cooperation rather than winner-take-all custody fights
• Improve child outcomes in low-conflict cases
• Reduce court backlogs and enforcement disputes

Critics counter that no custody framework should be automatic, warning that poorly designed presumptions may fail to detect domestic violence or high-conflict dynamics without strong procedural safeguards.

This tension explains why recent reforms emphasize rebuttable presumptions rather than rigid mandates—and why legislative language increasingly focuses on documentation, findings, and accountability.

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The Federal Landscape: Limited but Symbolic

There is no federal equal parenting law, and none appears imminent. Bills in the 119th Congress largely address broader parental rights rather than custody presumptions, including proposals affirming parents’ authority over education and healthcare.

Some advocates argue that Congress could indirectly influence custody policy by conditioning certain federal funding streams. So far, that idea remains speculative—and politically fraught.

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The Bigger Picture

Equal parenting reform is not about abolishing judicial discretion. It is about ending default outcomes that effectively decide custody before evidence is weighed, often through vague “best interest” standards that vary wildly by courtroom.

In that sense, shared parenting laws reflect a center-right instinct: clear rules, predictable standards, and accountability over discretionary opacity.

As of early 2026, the trend line is unmistakable but unfinished. The question is no longer whether equal parenting will continue to spread—but how carefully states design laws that protect children while restoring balance to a system long criticized for inconsistency and bias.

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