SB 224 South Dakota Senate · 2026 Regular Session

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

SB 224 creates a legal presumption that joint physical custody (where a child spends roughly equal time with both parents) is in the best interest of a child during custody disputes in South Dakota. It directly affects parents involved in custody cases by requiring courts to start with this presumption unless evidence shows joint custody would harm the child. The bill specifies that courts must consider factors like safety or stability to rebut the presumption, and defines joint physical custody as time split approximately equally between parents. This change applies to all custody determinations under South Dakota law, replacing prior standards.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Feb 4, 2026 Last action Mar 4, 2026
Floor votes · Senate Feb 18, 2026

How they voted

2014
Passed · 1 other
Total votes 35
Feb 18, 2026
D Democratic3
3 Nay
100% Nay
R Republican32
20 Yea 11 Nay 1
62% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
2
Mar 4, 2026
Upper · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 12, NAYS 0
upper
Feb 23, 2026
Committee
Referred to House Judiciary H.J. 417
upper
Feb 18, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 20, NAYS 14 S.J. 297
upper
Feb 17, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 4, NAYS 3
upper
Feb 4, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 179
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tom Pischke
Tom Pischke
RRepublican
SD
25