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
Role
Legislator
Party
State
District
P
Aaron Aylward
RRepublican
P
Bobbi Andera
RRepublican
P
Brandei Schaefbauer
RRepublican
P
Carl Perry
RRepublican
P
Dylan Jordan
RRepublican
P
Heather Baxter
RRepublican
P
John Sjaarda
RRepublican
P
Kevin Jensen
RRepublican
P
Lauren Nelson
RRepublican
P
MyKala Voita
RRepublican
P
Phil Jensen
RRepublican
P
Scott Moore
RRepublican
P
Tom Pischke
RRepublican
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