The South Dakota Senate convened on February 21, 2025, to discuss and vote on Senate Bill 172, which proposes a rebuttable presumption in favor of joint physical custody for minor children in custody disputes. The bill aims to establish that both parents should share equal time with their children unless compelling evidence suggests otherwise.

Senator Pyschke, the bill's sponsor, emphasized that joint physical custody is in the best interest of children, supported by research and the experiences of families. He argued that children benefit emotionally and socially from maintaining strong relationships with both parents. Pyschke highlighted that the current legal framework often favors one parent, typically the mother, leading to feelings of alienation for the non-custodial parent and depriving children of meaningful relationships.

Several senators voiced their support for the bill, citing personal experiences and the importance of both parents in a child's life. Senator Voyta noted that parental rights should be equal, while Senator Howard shared her own childhood experience of limited contact with her father due to custody arrangements. Senator Nelson compared the bill to placing parental rights on a level playing field, ensuring fairness in custody decisions.

Opposition to the bill was also expressed. Senator Duhamel argued that the current law already provides a balanced approach focused on the best interests of the child, without bias. She cautioned that introducing a presumption could create an imbalance in custody decisions. Senator Grove echoed this sentiment, emphasizing the need for stability in children's lives and cautioning against a one-size-fits-all approach.

Despite the concerns raised, the Senate ultimately passed Senate Bill 172 with a vote of 20 in favor and 13 against, with two members excused. The bill now moves forward, reflecting a growing movement towards shared parenting in custody arrangements across the nation.