South Dakota Child Custody
The child custody laws for South Dakota are found in Chapter 25-4 in the South Dakota Codified Laws. If you are a parent going through a custody situation in the state of South Dakota, you should learn these guidelines and statutes, especially as they apply to the making of a South Dakota parenting plan.
No preference for custody. Chapter 25-4-45 makes it very clear that the state has no preference for either parent regarding custody. The mother and father both have an equal chance to be the custodial parent. Thus, when a parent shows a South Dakota custody schedule to the court, there need to be valid reasons why that schedule is the best one for the child. The court will want to know how they schedule fulfills the child’s needs, promotes the child’s welfare, etc.
The best interest of the child. Chapter 25-4-45 also explains that all custody matters must be settled in a way that benefits the child. Everything in a South Dakota custody agreement should be in the child’s best moral, mental, and physical best interest. Parents should think about what their child needs and make the agreement accordingly. The law also specifies that as a child gets older, the child has more say in the South Dakota visitation schedule. The court will listen to the opinions and desires of a child regarding custody matters, and more weight is given to a more mature child.
Factors that influence who gets custody. Chapter 25-4-45.5 and 45.6 contain some of the factors that the court does and does not consider when deciding which parent gets custody and how the parents will work out visitation. If a parent has been convicted of domestic abuse or other crimes, that parent may not be awarded any visitation in the agreement. There is the possibility for supervised visitation if a parent shows that they want to change. If a parent has been convicted of the death of the other parent they will also not receive visitation or custody.
