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 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 parents waive this requirement or have reached an agreement.

Furthermore, the bill repeals Section 25-4A-26, which previously stated that there was no presumption of joint physical custody in custody disputes. The new language clarifies that the presumption for joint custody does not apply if a contrary presumption has been 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