2019 House Bill 1104 - Introduced

State of South Dakota  

297B0430   HOUSE BILL   NO.  1104  

Introduced by:    Representatives Pischke, Beal, Brunner, Chase, Dennert, Finck, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Hammock, Haugaard, Howard, Jensen (Kevin), Johnson (David), Koth, Latterell, Lesmeister, Livermont, Marty, Mulally, Perry, Post, Qualm, Rasmussen, Schoenfish, St John, Weis, Wiese, and Willadsen and Senators Russell, Blare, Greenfield (Brock), Heinert, Jensen (Phil), Maher, Monroe, Nelson, Steinhauer, and Youngberg

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.
    Section 1. That the code be amended by adding a NEW SECTION to read:
    If joint legal custody is awarded, pursuant to § 25-5-7.1, there shall be a rebuttable presumption that both parents have joint physical custody of their children. Joint physical custody of the children is defined as equal time-sharing. The burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interest of the children by weighing the factors set forth in §§ 25-4A-21 to 25-4A-27, inclusive, or by one parent waiving the presumption. The burden of proof necessary to overcome the presumption shall be by a preponderance of the evidence. If the court finds that a party has overcome the presumption in favor of joint physical custody, then the court shall use the best interests of the

child to make its determination for custodial arrangements.
    Section 2. That the code be amended by adding a NEW SECTION to read:

    The court shall require the parents to prepare and submit a parenting plan to the court reflecting parental preferences and agreement on the matters of substance concerning the child's education, upbringing, religious training, medical, and dental care. The parents shall share decision-making authority and responsibility as to the important decisions affecting the child's welfare and if parents are unable to agree, the court may order the parties to submit to a preselected mediator.
    Section 3. That § 25-4A-26 be repealed.
    25-4A-26. Nothing in §§ 25-4A-21 to 25-4A-27, inclusive, creates a presumption of joint physical custody. The court shall determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child.

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