An Act to establish criteria for temporary custody and visitation orders.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-4A-13 be AMENDED:

25-4A-13. If either party objects to the initial custody arrangement in § 25-4A-11 or the standard guidelines, the court shall order a hearing, which shall must be held not no later than thirty days after the date of the objection.

In making an order for temporary custody, the order for custody shall reflect The court shall, unless not supported by a preponderance of the evidence, award temporary joint physical custody and prescribe parenting time based on the degree of each parent's demonstrated participation in the child's life.

The court shall issue a temporary custody and visitation order after considering requiring joint physical custody, unless sufficient evidence is presented to show that such is not in order must reflect the best interests interest of the child, consistent with the provisions of § 25-4-45.

If the order for temporary custody results in less than a substantially equal parenting time, the court shall construct a parenting time schedule that maximizes the time each parent has with the child, consistent with each parent's demonstrated participation in the child's life, and is consistent with ensuring the child's welfare.

Each temporary custody order shall must include specific findings of fact and conclusions of law, except if the court confirms the agreement of the parties.