This bill changes how South Dakota courts make temporary custody decisions by requiring judges to presume that joint physical custody (equal parenting time) is in the child's best interest unless evidence shows otherwise. When a custody arrangement results in unequal parenting time, courts must now create a schedule that maximizes time with each parent based on their demonstrated involvement in the child's life. The bill also requires courts to issue written findings of fact and conclusions of law with their temporary custody orders.
This bill does not directly amend codified state law.
House of Representatives Do Pass Amended Failed, YEAS 28, NAYS 38. H.J. 272
Judiciary Do Pass Amended Passed, YEAS 8, NAYS 5.
Judiciary Motion to amend
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 156
First Reading House H.J. 139
Tom Pischke
Prime sponsor · Rep.
R
Do Pass Amended
Judiciary — Do Pass Amended