ENTITLED, An Act to allow for joint physical custody orders after a court awards joint legal
custody if in the best interest of the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-5-7.1 be amended to read as follows:
25-5-7.1. In any custody dispute between parents, the court may order joint legal custody so that
both parents retain full parental rights and responsibilities with respect to their child and so that both
parents must confer on, and participate in, major decisions affecting the welfare of the child. In
ordering joint legal custody, the court may consider the expressed desires of the parents and may
grant to one party the ultimate responsibility over specific aspects of the child's welfare or may
divide those aspects between the parties based on the best interest of the child. If it appears to the
court to be in the best interest of the child, the court may order, or the parties may agree, how any
such responsibility shall be divided. Such areas of responsibility may include the child's primary
physical residence, child care, education, extracurricular activities, medical and dental care, religious
instruction, the child's use of motor vehicles, and any other responsibilities which the court finds
unique to a particular family or in the best interest of the child. If the court awards joint legal
custody, it may also order joint physical custody in such proportions as are in the best interests of
the child, notwithstanding the objection of either parent.
An Act to allow for joint physical custody orders after a court awards joint legal custody if in the
best interest of the child.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1055
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1055
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State