HB1052

This bill changes South Dakota's custody law to presume that equal or nearly equal time with each parent is in a child's best interest when parents dispute custody—unless the court finds substantial evidence to the contrary based on specific factors like abuse or domestic violence. The bill still allows courts to override this presumption if one parent has a conviction for domestic abuse or assault, which creates a counter-presumption against joint custody in those cases. Essentially, courts must now start from the position that shared custody is best, rather than deciding custody on a case-by-case basis without this presumption.