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, which can be challenged by evidence to the contrary. The court is required to consider the factors outlined in Section 25-4A-24 and make written findings regarding the child's best interest, unless both parties waive this requirement or have reached an agreement.

Additionally, the bill introduces a new definition of "joint physical custody," clarifying that it refers to a division of time with the child that is approximately equal for each parent, as agreed upon or ordered by the court. It also repeals Section 25-4A-26, which previously stated that no presumption of joint physical custody existed, thereby aligning the law with the new presumption established in this bill. The presumption of joint physical custody will not apply if a contrary presumption has been established under Section 25-4A-22.

Statutes affected:
Introduced, 01/14/2026: 25-4A-21, 25-4A-26