The bill amends South Dakota law to establish a rebuttable presumption in favor of joint physical custody for minor children during custody disputes. Specifically, it modifies Section 25-4A-21 to state that upon the petition of either parent, there is a presumption that joint physical custody is in the best interest of the child. This presumption can be challenged by evidence indicating that joint custody may not serve the child's best interests, as outlined in Section 25-2A-24. Additionally, the court is required to consider these factors and make written findings unless both parties waive this requirement or have reached an agreement.

Furthermore, the bill repeals Section 25-4A-26, which previously stated that nothing in the relevant sections created a presumption of joint physical custody. The new language clarifies that the presumption of joint custody does not apply if there is already a presumption against it established under Section 25-4A-22. Overall, the bill aims to promote joint physical custody arrangements while allowing for exceptions based on the child's best interests.

Statutes affected:
Introduced, 01/30/2025: 25-4A-21, 25-4A-26