Bill > SB172

This bill modifies South Dakota law regarding child custody by creating a rebuttable presumption in favor of joint physical custody when parents petition for an initial custody determination. Specifically, the bill assumes that joint physical custody is in the best interest of a child, but allows this presumption to be challenged if evidence demonstrates that joint custody would not serve the child's best interests. The court must still evaluate custody based on factors outlined in § 25-4A-24 and provide written findings explaining its decision. The presumption does not apply if another legal presumption exists that joint custody is not in the child's best interest. Additionally, the bill removes an existing provision that explicitly stated there was no presumption of joint custody, effectively replacing it with a new standard that favors shared physical custody. This change aims to create a more balanced initial approach to child custody decisions, with the underlying goal of ensuring the child's welfare remains the primary consideration.

Justice

https://sdlegislature.gov/#/Session/Bill/26042