provide a rebuttable presumption in favor of joint physical custody of a minor child.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

What This Bill Does

• provide a rebuttable presumption in favor of joint physical custody of a minor child.
• Official keyword topics: Child Custody Domestic Relations Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4734/Detail">Aylward</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

provide a rebuttable presumption in favor of joint physical custody of a minor child.
Official keyword topics:
Child Custody
Domestic Relations
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4734/Detail">Aylward</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</a>

Current Bill Text

26.703.10 101st Legislative Session 1067

2026 South Dakota Legislature
House Bill 1067

Introduced by: Representative Andera

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