Bill > SB214

This bill proposes to provide a rebuttable presumption in favor of joint physical custody of a minor child in South Dakota. The key provisions include: 1. Establishing a rebuttable presumption that equal or approximately equal time spent between the child and each parent is in the best interest of the minor child, unless rebutted by a preponderance of evidence showing that joint physical custody is not in the best interest of the child based on factors outlined in the existing law. 2. Amending the existing law to remove the requirement for the court to consider the traditional factors for determining the best interests of the child and instead focus on the specific factors for evaluating the presumption in favor of joint physical custody. 3. Repealing provisions that previously stated there was no presumption of joint physical custody and that the court should determine custody based on the best interests of the child. The bill aims to shift the legal landscape towards a presumption of joint physical custody, while still allowing for flexibility based on an evaluation of the specific factors related to the child's best interests.