South Dakota Senate approves rebuttable presumption favoring joint physical custody
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Summary
After hours of debate, the Senate passed Senate Bill 2 24 to establish a rebuttable presumption favoring joint physical custody as the starting point for custody decisions; supporters said it promotes parental involvement, opponents warned it could reduce judicial discretion and harm stability for some children. The final vote was 20-14 with one excused.
The South Dakota Senate voted to pass Senate Bill 2 24, changing the starting point for child custody disputes to a rebuttable presumption in favor of joint physical custody. Prime sponsor Senator Pischke argued the presumption ‘‘means that the starting point or the default assumption is that both parents should share time with their children equally,’’ and said the change would promote the best interests of children by encouraging parental cooperation.
Opponents said the bill risks shifting emphasis away from judicial discretion and the long-standing ‘‘best interest of the child’’ framework. Senator Duhamel said the current law gives courts a neutral starting point and pointed to the statute’s 23 enumerated factors, arguing that inserting a presumption ‘‘removes parents from that equal footing starting point and allow[s] one parent leverage.’’ Senator Grove warned the presumption could undermine stability for children who currently live in a single home and raised concerns about requiring victims of domestic violence to prove abuse in court to avoid shared custody.
Debate included a mix of policy and personal testimony: Senator Howard described his family experience and said a presumption creates a ‘‘level playing field’’; Senator Nelson emphasized relatives’ loss of access when a parent is cut off; Senator Davis cautioned that the bill ‘‘values symmetry in parenting time over stability for the children’’ and asked colleagues to ‘‘please don’t strike this language.’’ Senator Vojta said judges sometimes display bias and that clearer statutory guidance would help ensure fathers remain involved in their children’s lives.
Sponsor remarks addressed statutory mechanics and domestic-violence safeguards, referencing statutory sections discussed on the floor and committee record. The Senate conducted a roll-call final passage vote and the bill passed with 20 yeas, 14 nays, and 1 excused. President declared the bill passed and its title correct.
Senate Bill 2 24 now moves to the next steps in the legislative process as prescribed by law.