Address determinations regarding physical custody of a minor.
Impact
This amendment is significant as it seeks to provide more comprehensive guidance for judges and courts in custody cases. By removing the presumption for joint custody, it shifts the focus from a one-size-fits-all approach to a more nuanced understanding that acknowledges different family situations. This could lead to varying outcomes in custody arrangements, depending on the specific circumstances of each case, thereby potentially benefiting children who may not thrive in equally shared custody scenarios.
Summary
House Bill 1201 aims to amend the existing legal provisions regarding the physical custody of minors in South Dakota. The legislation primarily seeks to clarify that there is no presumption of joint physical custody when determining the care, custody, and control of a minor child. The bill emphasizes that the best interest of the child should be the primary consideration in custody determinations, allowing courts to focus more individually on what would serve each child's unique needs best.
Contention
Notably, the piece of legislation may elicit debates regarding the right balance of custody arrangements. Opponents of the bill might raise concerns about how the removal of the presumption for joint custody could disadvantage parents who believe in equal sharing opportunities. Additionally, discussions may revolve around what constitutes the 'best interest' of the child and how such determinations will be consistently and fairly evaluated in court, ensuring adequate protections for all parties involved.
Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.