HB 1067

 26.703.10  101st Legislative Session  1067
                                        2026 South Dakota Legislature
                                                House Bill 1067
 Introduced by: Representative Andera
1 An Act to provide a rebuttable presumption in favor of joint physical custody of a
2minor child.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 25-4A-21 be AMENDED:
525-4A-21. In any custody dispute between parents, upon application Upon the
6    petition of either parent, the court shall consider granting joint for the initial determination
7    of physical custody of a minor child, there is a rebuttable presumption that joint physical
8    custody is in the best interest of a minor child. This presumption may be rebutted by
9    evidence showing that joint physical custody is not in the best interest of the child based
10    on the factors set forth in § 25-4A-24.
11The court shall consider the factors set forth in § 25-4A-24, and shall make written
12    findings of fact and conclusions of law regarding the best interests interest of the minor
13    child, unless waived by both parties in accordance with § 25-4A-24, unless waived by both
14    parties or the parents have stipulated to the terms of an agreement resolving the petition.
15The presumption set forth in this section is not applicable if a presumption that
16    joint physical custody is not in the best interest of the child has been created in accordance
17    with § 25-4A-22.
18 Section 2. That a NEW SECTION be added to chapter 25-4A:
19For purposes of this chapter and § 25-5-7.1, "joint physical custody" means a
20    division of time with the child that is approximately and reasonably equal for each parent,
21    as agreed to by each parent or as ordered by the court.
22 Section 3. That § 25-4A-26 be REPEALED.
                                                                                 Underscores indicate new language.
                                                                               Overstrikes indicate deleted language.
26.703.10  2  1067
1Nothing in §§ 25-4A-21 to 25-4A-27, inclusive, creates a presumption of joint
2    physical custody. The court shall determine the appropriate physical care, custody, and
3    control of a minor child based on a determination of the best interests of the child.
                                                                             Underscores indicate new language.
                                                                           Overstrikes indicate deleted language.