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SD SB224

Bill

Status

Engrossed

2/18/2026

Primary Sponsor

Tom Pischke

Click for details

Origin

Senate

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 a division of time with the child that is approximately and reasonably equal for each parent
  • Allows the presumption to be rebutted by evidence showing joint physical custody is not in the child's best interest, based on factors in § 25-4A-24
  • Repeals § 25-4A-26, which previously stated that nothing in custody statutes creates a presumption of joint physical custody
  • Requires courts to make written findings of fact and conclusions of law regarding best interest, unless both parties waive this or stipulate to an agreement

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 12, NAYS 0.

3/4/2026

Committee Referrals

Judiciary2/23/2026
Judiciary2/4/2026

Full Bill Text

No bill text available