South Dakota House Bill 1067 Establishes Legal Presumption for Joint Physical Custody

Original title: provide a rebuttable presumption in favor of joint physical custody of a minor child.

Last action · February 23, 2026: Deferred to the 41st legislative daySponsors: Bobbi Andera and 12 others

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What This Bill Proposed

South Dakota House Bill 1067 establishes a legal presumption that is in the best interest of a minor child during initial custody determinations upon a parent's petition. The bill defines joint physical custody as an approximately and reasonably equal division of time and repeals a prior statute that stated no presumption of joint physical custody exists.

Why it matters

Parents involved in custody disputes face a new legal standard that assumes equal time division is best unless specific statutory factors prove otherwise. This shifts the evidentiary burden in court proceedings.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Parents in custody disputes

Parents involved in initial custody determinations are subject to a legal presumption favoring approximately and reasonably equal time divisions with minor children.

Directly affected

Minor children

Custody arrangements and time distribution between parents in initial determinations are governed by a new statutory presumption regarding their best interests.

Key Facts

Establishes a rebuttable presumption that joint physical custody is in the best interest of a minor child during initial custody determinations upon either parent's petition.
Defines 'joint physical custody' as a division of time with the child that is approximately and reasonably equal for each parent, as agreed by the parents or ordered by the court.
Requires courts to make written findings of fact and conclusions of law regarding the best interests of the minor child, unless waived by both parties or stipulated by agreement.
Allows the presumption to be rebutted by evidence showing joint physical custody is not in the best interest of the child based on statutory factors set forth in § 25-4A-24.

Show all 6 facts

Exempts cases where a presumption that joint physical custody is not in the best interest of the child has been created under § 25-4A-22.
Repeals § 25-4A-26, which previously stated that nothing in §§ 25-4A-21 to 25-4A-27 creates a presumption of joint physical custody.

Frequently Asked Questions

What does joint physical custody mean under House Bill 1067?

is defined as a division of time with the child that is approximately and reasonably equal for each parent, as agreed to by each parent or as ordered by the court.

Can the presumption of joint physical custody be challenged?

Yes, the presumption may be rebutted by evidence showing that is not in the best interest of the child based on specific statutory factors.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

3 actions

Feb 23, 2026House
Deferred to the 41st legislative day
Feb 23, 2026House
Scheduled for hearing
Jan 15, 2026HouseIntroduced
First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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