This bill amends South Dakota law regarding custody disputes by establishing a rebuttable presumption in favor of joint physical custody for minor children. 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 would not serve the child's best interests, as outlined in Section 25-2A-24. Additionally, the bill clarifies that this presumption does not apply if a contrary presumption has been established under Section 25-4A-22.

Furthermore, the bill repeals Section 25-4A-26, which previously stated that nothing in the relevant sections created a presumption of joint physical custody, thereby aligning the law with the new presumption established in this bill. The court is still required to consider the best interests of the child and make written findings unless both parties waive this requirement or have reached an agreement on the custody terms.

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