South Dakota courts will now presume that joint physical custody (roughly equal time with each parent) is in a child's best interest during custody disputes, unless the other parent provides evidence otherwise. The bill defines joint physical custody as a roughly equal division of time between parents and removes an old statute that previously created the opposite presumption. A judge can still reject joint custody if evidence shows it wouldn't serve the child's best interests based on statutory factors.
Judiciary Deferred to the 41st legislative day Passed, YEAS 12, NAYS 0.
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 417
First Reading House H.J. 367
Senate Do Pass Passed, YEAS 20, NAYS 14. S.J. 297
Judiciary Do Pass Passed, YEAS 4, NAYS 3.
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 179
Prime sponsor · Sen.
R
Judiciary — Deferred to the 41st legislative day
Do Pass
Judiciary — Do Pass