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

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-4A-21 be AMENDED:

25-4A-21. In any custody dispute between parents, upon application Upon the petition of either parent, the court shall consider granting joint for the initial determination of physical custody of a minor child, there is a rebuttable presumption that joint physical custody is in the best interest of a minor child. This presumption may be rebutted by evidence showing that joint physical custody is not in the best interest of the child based on the factors set forth in § 25-4A-24.

The court shall consider the factors set forth in § 25-4A-24, and shall make written findings of fact and conclusions of law regarding the best interests interest of the minor child, unless waived by both parties in accordance with § 25-4A-24, unless waived by both parties or the parents have stipulated to the terms of an agreement resolving the petition.

The presumption set forth in this section is not applicable if a presumption that joint physical custody is not in the best interest of the child has been created in accordance with § 25-4A-22.

Section 2. That a NEW SECTION be added to chapter 25-4A:

For purposes of this chapter and § 25-5-7.1, "joint physical custody" means 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.

Section 3. That § 25-4A-26 be REPEALED.

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.