This bill changes South Dakota custody law to presume that joint physical custody (roughly equal time with each parent) is in a child's best interest unless a parent can prove otherwise. Courts will now start from the assumption that equal parenting time is best, rather than considering it only if a parent requests it, but judges can still override this if evidence shows joint custody wouldn't actually serve the child's interests. The bill also defines "joint physical custody" as an approximately equal division of time between parents and removes a previous law that said joint custody doesn't create a presumption of being in the child's best interest.
AI-generated summary
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
Dist. SD-025
Do Pass
Do Pass
Do Pass