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SD HB1067

Bill

Status

Introduced

1/15/2026

Primary Sponsor

Bobbi Andera

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Creates a rebuttable presumption that joint physical custody is in the best interest of a minor child when either parent petitions for initial custody determination
  • Defines "joint physical custody" as an approximately and reasonably equal division of time with the child for each parent
  • Allows the presumption to be rebutted by evidence showing joint custody is not in the child's best interest based on factors in § 25-4A-24
  • Presumption does not apply if circumstances under § 25-4A-22 have established that joint physical custody is not in the child's best interest
  • Repeals § 25-4A-26, which previously stated that no presumption of joint physical custody exists under South Dakota law

Legislative Description

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

Domestic Relations

Last Action

Judiciary Deferred to the 41st legislative day, Passed, YEAS 9, NAYS 3. H.J. 25

2/23/2026

Committee Referrals

Judiciary1/15/2026

Full Bill Text

No bill text available