HB 1067 South Dakota House · 2026 Regular Session

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

HB 1067 creates a legal presumption in South Dakota that joint physical custody (approximately equal time with both parents) is in the best interest of a minor child for initial custody decisions. This means courts must assume joint custody is appropriate unless evidence shows it would harm the child, based on factors like parental cooperation or the child's needs. The bill directly affects parents involved in custody disputes by shifting the starting point for court decisions toward shared parenting. It defines joint physical custody as roughly equal time-sharing agreed upon by parents or ordered by a court, and repeals a prior section that handled custody determinations. Courts must still make written findings about the child's best interests.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 15, 2026 Last action Feb 23, 2026
Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
3
Key actions
1
Committee
0
Feb 23, 2026
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 9, NAYS 3 H.J. 25
lower
Jan 15, 2026
Introduced
First read in House and referred to House Judiciary H.J. 36
lower
13 primary · 0 co-sponsors

Sponsors