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Bill

HB 1067

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

2026 Regular Session Introduced by Bobbi Andera and 11 co-sponsors

South Dakota bill creates rebuttable presumption favoring joint physical custody of children unless courts find evidence against it, shifting default custody arrangements toward shared parenting.

First read in House and referred to House Judiciary H.J. 36
#childcustody #domesticrelations
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Bill Summary · HB 1067

Legislative bill overview

HB 1067 would establish a legal presumption that joint physical custody is in the best interest of minor children in South Dakota, unless evidence demonstrates otherwise. This means courts would begin custody proceedings assuming both parents should have equal or substantial physical custody time, rather than evaluating each case from a neutral starting point.

Why is this important

Custody arrangements directly affect children's living arrangements, parental involvement, and family stability. This bill would fundamentally shift how South Dakota courts approach custody decisions, potentially increasing shared parenting arrangements and affecting support obligations, relocation disputes, and parental rights. The change could impact thousands of families annually and influence child welfare outcomes.

Potential points of contention

  • Child welfare vs. parental rights: Opponents may argue presumptions favor parental access over individualized assessments of what serves each child's specific safety, stability, and developmental needs
  • Domestic violence concerns: Critics worry presumptions for joint custody could disadvantage survivors of domestic abuse who seek primary custody for child protection
  • Implementation logistics: Courts would need to rebut presumptions with evidence; disputes over what constitutes sufficient rebuttal evidence could increase litigation costs and complexity
  • One-size-fits-all approach: Families have vastly different circumstances; a presumption may not account for parents' work schedules, geographic proximity, special needs children, or parental capacity differences

Compiled from official sources — confirm details with the bill’s official record.

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