Bill > HB1067

This bill proposes to amend existing South Dakota law regarding child custody by establishing a "rebuttable presumption" in favor of joint physical custody, meaning that courts will now assume joint physical custody is in a child's best interest unless evidence proves otherwise. Joint physical custody is defined as a division of time with the child that is approximately and reasonably equal for each parent. The bill also clarifies that this presumption can be overcome by evidence demonstrating that joint physical custody is not in the child's best interest, considering specific factors outlined in another section of the law, and it repeals a previous provision that explicitly stated no presumption of joint physical custody existed.

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https://sdlegislature.gov/#/Session/Bill/27002