South Dakota legislation · 101st Legislature (2026)
South Dakota HB1067: provide a rebuttable presumption in favor of joint physical custody of a minor child.
Status: Failed, February 23, 2026
What the bill says
An Act to provide a rebuttable presumption in favor of joint physical custody of a minor child.
From the introduced text, January 14, 2026:
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. [DELETED: In any custody dispute between parents, upon application ] [ADDED: Upon the petition ] of either parent [DELETED: , the court shall consider granting joint] [ADDED: for the initial determination of] physical custody of a minor child [ADDED: , 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 [DELETED: ,] and shall make written findings of fact and conclusions of law regarding the best [DELETED: interests] [ADDED: interest] of the minor child [DELETED: , unless waived by both parties] [ADDED: 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.] [ADDED: 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 …
Sponsors
- Bobbi Andera (R, HD-010) · primary sponsor
- Aaron Aylward (R, HD-006)
- Heather Baxter (R, HD-034)
- Kevin Jensen (R, SD-016)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Scott Moore (R, HD-023)
- Lauren Nelson (R, SD-018)
- Carl Perry (R, 03)
- Tom Pischke (R, 25)
- Brandei Schaefbauer (R, HD-003)
- John Sjaarda (R, HD-002)
Latest actions
- : Deferred to the 41st legislative day
- : Scheduled for hearing
- : First read in House and referred to Judiciary
Votes
- Deferred to the 41st legislative day (February 23, 2026): 9 yea, 3 nay, passed
Subjects: Domestic Relations, Child Custody
Common questions
- What is HB1067?
- HB1067 is a bill in the South Dakota Legislature (101st Legislature (2026)): provide a rebuttable presumption in favor of joint physical custody of a minor child.
- What does HB1067 do?
- In its own words: An Act to provide a rebuttable presumption in favor of joint physical custody of a minor child.
- What is the status of HB1067?
- Failed as of February 23, 2026. Latest action: Deferred to the 41st legislative day (February 23, 2026).
- Who sponsored HB1067?
- Bobbi Andera (R, HD-010), with 11 co-sponsors.
- Where is the official record for HB1067?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/27002
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.