State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|570T0514||SENATE BILL NO. 60|
Introduced by: Senators Begalka, Bradford, Frerichs, Gray, Lederman, Olson (Russell), and Schlekeway and Representatives Magstadt, Dennert, Greenfield, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Jensen, Nelson (Stace), Olson (Betty), Russell, Stricherz, Tornow, and Wick
parents to prepare and submit a parenting plan to the court reflecting parental preferences and
agreement on the matters of substance concerning the child's education, upbringing, religious
training, medical, and dental care. The parents shall share decision-making authority and
responsibility as to the important decisions affecting the child's welfare and if parents are unable
to agree, the court may order the parties to submit to a preselected mediator. If the parties cannot
agree on the residency of the child, the court shall determine the child's primary residence. If the
court finds that a party has overcome the presumption in favor of joint physical custody, the
court shall use the best interests of the child to make its determination for custodial
arrangements. This Act does not apply to any child custody case filed on or before June 1, 2008.
Section 2. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.