South Dakota Senate Bill SB136

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23

Caption

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

Impact

The bill amends existing laws concerning the custody of children, specifically changing the legal framework under which custody disputes are resolved. By creating this presumption, it aims to standardize how courts handle custody cases, encouraging a more balanced sharing of parental responsibilities. Further amendments within the bill include provisions that would maintain the court's discretion to deny joint custody in cases where factors such as domestic abuse are present. This is designed to safeguard children's welfare while promoting both parents' involvement in their upbringing.

Summary

Senate Bill 136 seeks to establish a rebuttable presumption in favor of joint physical custody of minor children in custody disputes between parents. This legislation mandates that during custody hearings, there is an initial presumption that equal or approximately equal time spent by the child with each parent is in the child's best interest. The bill details the terms under which this presumption can be contested, allowing evidence to be introduced to refute it, which ensures that the court considers various factors before making a custody determination.

Conclusion

Overall, SB136 is a significant reform in South Dakota's family law, addressing the contentious issue of child custody arrangements. While it promotes equal parental involvement, the balance between facilitating joint custody and protecting children's safety and well-being remains a key challenge for lawmakers. The ongoing debate will likely influence how the bill is implemented and interpreted by the courts.

Contention

One notable point of contention around SB136 is the potential impact on children's welfare in situations of domestic abuse. Critics have raised concerns that the presumption of joint custody may inadvertently place children at risk if one parent poses a threat to their safety. The inclusion of factors such as domestic violence and the ability to present evidence to rebut the presumption reflects an awareness of these issues. However, opponents argue that the existing legal protections may not be sufficient and that the presumption itself could favor parents who may not have the child's best interests at heart.