S.D. Codified Laws § 25-9C-708 — SD Code / Title 25 / Chapter 9C / Section 25-9C-708
Recognition and enforcement of registered Convention support order
Status: in_force

(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:

(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) The issuing tribunal lacked personal jurisdiction consistent with § 25-9C-201 ;

(3) The order is not enforceable in the issuing country;

(4) The order was obtained by fraud in connection with a matter of procedure;

(5) A record transmitted pursuant to § 25-9C-706 lacks authenticity or integrity;

(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement pursuant to this chapter in this state;

(8) Payment, to the extent alleged arrears have been paid in whole or in part;

(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) The order was made in violation of § 25-9C-711 .

(c) If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9):

(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) The Department of Social Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received pursuant to § 25-9C-704 .

Source: SL 2015, ch 148, § 708.
S.D. Codified Laws § 25-5-26 — SD Code / Title 25 / Chapter 5 / Section 25-5-26
Petition for emancipation--Procedure
Status: in_force

A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following:

(1) That he is at least sixteen years of age;

(2) That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;

(3) That he is managing his own financial affairs;

(4) That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States.

Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the state, notice shall be given to the appropriate state agency.

The court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to his best interest.

If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of court.

If the petition is denied, the minor may appeal to the Supreme Court.

If the petition is sustained, the parents or guardian may appeal to the Supreme Court if they have appeared in the proceeding and opposed the granting of the petition.

A declaration is conclusive evidence that the minor is emancipated.

Source: SL 1991, ch 211, § 3; SL 1993, ch 213, § 114.
S.D. Codified Laws § 25-2-12 — SD Code / Title 25 / Chapter 2 / Section 25-2-12
Right to spouse's earnings--Earnings of minor children
Status: in_force

The earnings of a spouse are not liable for the debts of the other spouse. The earnings and accumulations of a spouse and of his or her minor children living with him or her or in his or her custody while he or she is living separate from the other spouse are his or her separate property.

Source: SDC 1939, § 14.0206; SL 1984, ch 12, § 43.
S.D. Codified Laws § 25-5-21 — SD Code / Title 25 / Chapter 5 / Section 25-5-21
Duty of emancipated child to parent
Status: in_force

The legal duty of an emancipated child to his parent is the same as that of a child who has reached his majority.

Source: SDC 1939, § 14.0308 (4).
S.D. Codified Laws § 25-4A-12 — SD Code / Title 25 / Chapter 4A / Section 25-4A-12
Visitation agreement other than standard guidelines--Requirements
Status: in_force

Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.

Source: SL 2002, ch 125, § 4.
S.D. Codified Laws § 25-7A-6.3 — SD Code / Title 25 / Chapter 7A / Section 25-7A-6.3
Referee notice or report via e-mail
Status: in_force

If a party agrees, the referee may send copies of any notice or report required to be served on the party under § 25-7A-6 or 25-7A-22 by electronic mail, using the email address provided by the party.

Source: SL 2026, ch 121, § 7.
S.D. Codified Laws § 25-4-62 — SD Code / Title 25 / Chapter 4 / Section 25-4-62
Recommendation by mediator to court upon parties' failure to agree
Status: in_force

The mediator may report to the court at any time that the parties are unable to reach an agreement. The mediator may recommend to the court that the full hearing on the custody or visitation issue be held within thirty days. The mediator may not make a substantive recommendation to the court concerning the contested issue of custody or visitation.

Source: SL 1996, ch 163, § 6.
S.D. Codified Laws § 25-9C-603 — SD Code / Title 25 / Chapter 9C / Section 25-9C-603
Effect of registration for enforcement
Status: in_force

(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

Source: SL 2015, ch 148, § 603.
S.D. Codified Laws § 25-4B-104 — SD Code / Title 25 / Chapter 4B / Section 25-4B-104
Jurisdiction
Status: in_force

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 26-5B .

(b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B during the deployment.

(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B .

(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B .

(e) This section does not prevent a court from exercising temporary emergency jurisdiction under chapter 26-5B .

Source: SL 2014, ch 123, § 4.
S.D. Codified Laws § 25-9C-206 — SD Code / Title 25 / Chapter 9C / Section 25-9C-206
Continuing jurisdiction to enforce child support order
Status: in_force

(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

Source: SL 2015, ch 148, § 206.
S.D. Codified Laws § 25-7-7.3 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.3
Previously ordered support payments not subject to modification--Exception
Status: in_force

Any previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obligation, but only from the date that notice of hearing of the petition has been given to the obligee, the obligor, and any other parties having an interest in such matter.

Source: SL 1987, ch 190; SL 2013, ch 119, § 3.
S.D. Codified Laws § 25-5A-9 — SD Code / Title 25 / Chapter 5A / Section 25-5A-9
Time and place of hearing--Notice
Status: in_force

If a petition for the voluntary termination of parental rights is filed, the court shall set a date for a hearing thereon, and shall cause notice of the time, place, and purpose of the hearing to be served upon the parent or parents. No such notice is necessary if a waiver executed by the parent or parents has been filed with the petition. The court may require notice to be served upon any other person or organization and shall require notice to be served upon the Department of Social Services if the petition indicated that temporary assistance for needy families benefits were ever received on behalf of the minor child in accordance with subdivision 25-5A-6(9). Any failure to provide notice to the Department of Social Services pursuant to this section does not invalidate the proceedings.

Source: SL 1971, ch 165, § 6 (1); SL 1995, ch 143, § 4.
S.D. Codified Laws § 25-4-5 — SD Code / Title 25 / Chapter 4 / Section 25-4-5
Willful desertion defined--Special conditions applicable
Status: in_force

Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

The special conditions or circumstances set forth in §§ 25-4-8 to 25-4-14 , inclusive, shall also apply in establishing desertion under the provisions of this title.

Source: SDC 1939, § 14.0709.
S.D. Codified Laws § 25-5A-32 — SD Code / Title 25 / Chapter 5A / Section 25-5A-32
Surrender of newborn--Notification to Department of Social Services--Assumption of care, custody and control--Certain investigations of parent prohibited
Status: in_force

If an emergency services provider or a licensed child placement agency accepts physical custody of a newborn, pursuant to § 25-5A-27 , the provider or agency must immediately notify the Department of Social Services.

Except as otherwise provided in this section, the department must assume the care, custody, and control of the newborn immediately upon receipt of the notice. If a licensed child placement agency has accepted physical custody, the agency may assume the care, custody, and control of the newborn.

The department or licensed child placement agency may not attempt to identify, contact, or investigate the parent who surrendered the newborn, unless it appears the newborn has been harmed.

Source: SL 2001, ch 132, § 6; SL 2025, ch 107, § 7.
S.D. Codified Laws § 25-3-10 — SD Code / Title 25 / Chapter 3 / Section 25-3-10
Provision for maintenance--Vacation or modification
Status: in_force

When an annulment is granted pursuant to this chapter, the court may provide for such maintenance of a former spouse as the court may deem just and may, at any time, vacate or modify such maintenance.

Source: SL 1978, ch 189, § 1.
S.D. Codified Laws § 25-4B-301 — SD Code / Title 25 / Chapter 4B / Section 25-4B-301
Close and substantial relationship defined
Status: in_force

In this Article, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.

Source: SL 2014, ch 123, § 13.
S.D. Codified Laws § 25-5A-4 — SD Code / Title 25 / Chapter 5A / Section 25-5A-4
Waiting period for filing petition
Status: in_force

No petition may be filed under this chapter prior to five days after the birth of the child.

Source: SL 1971, ch 165, § 2.
S.D. Codified Laws § 25-4-30 — SD Code / Title 25 / Chapter 4 / Section 25-4-30
Residence requirements for divorce or separate maintenance
Status: in_force

The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services. Subsequently, the plaintiff need not maintain that residence or military presence to be entitled to the entry of a decree or judgment of divorce or separate maintenance.

Source: SDC 1939, § 14.0720; SL 1961, ch 53; SDCL § 25-4-32; SL 1974, ch 174, § 1; SL 2008, ch 121, § 1.
S.D. Codified Laws § 25-7-25 — SD Code / Title 25 / Chapter 7 / Section 25-7-25
Cancellation of undertaking for support on demonstration of good faith
Status: in_force

The undertaking shall remain in force so long as the court deems necessary, but whenever it shall appear to the court, by affidavit or otherwise, that the defendant is then, and for a reasonable time prior thereto has been in good faith, furnishing his or her spouse or child with a necessary and proper home, food, care, and clothing, the court may cancel the undertaking.

Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 53.
S.D. Codified Laws § 25-6A-2 — SD Code / Title 25 / Chapter 6A / Section 25-6A-2
Administration of compact
Status: in_force

The Governor may appoint a compact administrator. The administration of the compact shall be in the Department of Social Services.

Source: SL 1986, ch 216, § 2.
S.D. Codified Laws § 25-5A-25 — SD Code / Title 25 / Chapter 5A / Section 25-5A-25
Failure to receive counseling
Status: in_force

Failure to comply with §§ 25-5A-22 to 25-5A-24 , inclusive, may not be considered a basis for setting aside a voluntary termination of parental rights or an adoption.

Source: SL 1994, ch 197, § 4.
S.D. Codified Laws § 25-8-64 — SD Code / Title 25 / Chapter 8 / Section 25-8-64
Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child
Status: in_force

The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in § 25-8-58 . The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:

(1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father;

(2) The length of time during which the presumed or legally determined father has assumed the role of father of the child;

(3) The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity;

(4) The nature of the relationship between the child and the presumed or legally determined father;

(5) The age of the child;

(6) The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved;

(7) The nature of the relationship between the child and any presumed or legally determined father;

(8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

(9) Any additional factors deemed by the court to be relevant to its determination of the best interest of the child.

Source: SL 2013, ch 119, § 18.
S.D. Codified Laws § 25-9C-311 — SD Code / Title 25 / Chapter 9C / Section 25-9C-311
Pleading and accompanying documents
Status: in_force

(a) In a proceeding pursuant to this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered pursuant to § 25-9C-312 , the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

Source: SL 2015, ch 148, § 311.
S.D. Codified Laws § 25-4-45.7 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.7
Protective orders and arrest reports considered in determining existence of history of domestic abuse
Status: in_force

For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration may include the issuance of a protection order against a parent or any arrest report of a parent following the response of law enforcement to a report of domestic abuse as defined in subdivision 25-10-1(1).

Source: SL 2008, ch 122, § 2.
S.D. Codified Laws § 25-7-2 — SD Code / Title 25 / Chapter 7 / Section 25-7-2
Liability for necessaries supplied to spouse
Status: in_force

If a person neglects to make adequate provision for the support of his or her spouse, any other person may in good faith supply the spouse with reasonable necessaries for the spouse's support and recover the reasonable value thereof from that person, except in cases where by law the person is not liable for the spouse's support.

Source: SDC 1939, § 14.0210; SL 1984, ch 12, § 47.
S.D. Codified Laws § 25-7-6.18 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.18
Order allocating child care expenses
Status: in_force

The court may enter an order allocating the reasonable child care expenses for the child, which are due to employment of either parent, job search of either parent, or the training or education of either parent necessary to obtain a job or enhance earning potential. The court may consider whether the federal child care tax credit for such minor child is available as a benefit to the custodial parent. If the federal child care tax credit is available to the custodial parent, it shall be calculated at twenty - five percent of the eligible expense.

Source: SL 1997, ch 154, § 2.
S.D. Codified Laws § 25-4-34 — SD Code / Title 25 / Chapter 4 / Section 25-4-34
Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period
Status: in_force

An action for divorce or separate maintenance shall not be heard, tried, or determined by the court until at least sixty days have elapsed from the completed service of the plaintiff's summons and complaint therein. During said waiting period the court may issue all orders required to effectuate the purposes expressed in §§ 25-4-38 and 25-4-45 or to protect any of the parties to the action during the pendency thereof.

This section shall not be construed to prohibit the taking of depositions, examination of parties before trial, the granting of orders respecting discovery, or proceedings to perpetuate testimony, prior to the hearing or trial of said action by the court.

Nothing in this section shall operate to nullify any action or proceeding for divorce commenced prior to July 1, 1964, notwithstanding the fact that the final judgment or decree in such action or proceeding is entered therein after said date.

Source: SL 1959, ch 232, §§ 1 to 3; SDC Supp 1960, § 14.0729; SL 1964, ch 35, §§ 1, 2.
S.D. Codified Laws § 25-7-10 — SD Code / Title 25 / Chapter 7 / Section 25-7-10
Liability of parent for necessaries supplied to child
Status: in_force

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent.

Source: SDC 1939, § 14.0313.
S.D. Codified Laws § 25-4-55 — SD Code / Title 25 / Chapter 4 / Section 25-4-55
Exclusion of child from custody proceedings
Status: in_force

In proceedings under this chapter involving contested custody of a child, upon request of counsel for either party, the court may, for good cause and at its discretion, exclude the child from the proceedings.

Source: SL 1983, ch 203.
S.D. Codified Laws § 25-7-6.12 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.12
Review and amendment of schedule
Status: in_force

The Governor shall, commencing in the year 2000, establish quadrennially a commission on child support. The commission shall review the provisions of this chapter, shall report its findings to the Governor and the Legislature, and may propose amendment thereof to the Legislature.

Source: SL 1989, ch 220, § 12; SL 1997, ch 154, § 5.
S.D. Codified Laws § 25-7A-34 — SD Code / Title 25 / Chapter 7A / Section 25-7A-34
Deduction and transmittal of income by payor
Status: in_force

Any payor who has been served with an order for withholding of income shall deduct and pay over income or assets as provided in this section. The payor shall deduct the amount designated in the order for withholding. The first payment shall be deducted from the payment of income which is payable to the obligor following service of the order. The payor shall transmit the amount withheld to the department in accordance with the order for withholding within seven business days after the date the obligor is paid or the obligor's property withheld and in accordance with any subsequent notification received from the department redirecting payment. In addition to the amount designated in the order for withholding, the payor may deduct an amount not to exceed three dollars per month from the obligor's income to cover the expenses involved in transmitting the amount withheld.

Source: SL 1986, ch 218, § 33; SL 1997, ch 155, § 15; SL 2004, ch 174, § 1.
S.D. Codified Laws § 25-4B-402 — SD Code / Title 25 / Chapter 4B / Section 25-4B-402
Consent procedure for terminating temporary grant of custodial responsibility established by court order
Status: in_force

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.

Source: SL 2014, ch 123, § 25.
S.D. Codified Laws § 25-4A-8 — SD Code / Title 25 / Chapter 4A / Section 25-4A-8
Application of section23A-38-2to proceedings for custody or visitation decree violations
Status: in_force

The provisions of § 23A-38-2 do not apply to §§ 25-4A-1 to 25-4A-5 , inclusive.

Source: SL 1994, ch 195, § 8; SL 2026, ch 119, § 1.
S.D. Codified Laws § 25-7-20.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-20.1
Complaint for nonsupport signed by representative of department
Status: in_force

When any payment of public moneys has been made by the Department of Social Services, under the provisions of this chapter for the support or aid of any person, any representative of the department may sign a criminal complaint against that person for any violation of the provisions of this chapter.

Source: SL 1963, ch 332; SDCL, § 23-19-3; SL 1978, ch 164, § 6.
S.D. Codified Laws § 25-9C-706 — SD Code / Title 25 / Chapter 9C / Section 25-9C-706
Registration of Convention support order
Status: in_force

(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided pursuant to Article 6.

(b) Notwithstanding § 25-9C-311 and subsection 25-9C-602(a), a request for registration of a Convention support order must be accompanied by:

(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

(2) A record stating that the support order is enforceable in the issuing country;

(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) A record showing the amount of arrears, if any, and the date the amount was calculated;

(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest pursuant to § 25-9C-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

Source: SL 2015, ch 148, § 706.
S.D. Codified Laws § 25-4B-310 — SD Code / Title 25 / Chapter 4B / Section 25-4B-310
Order for child support
Status: in_force

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed pursuant to Article 2, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction pursuant to chapter 25-9C .

Source: SL 2014, ch 123, § 22; SL 2015, ch 148, § 79.
S.D. Codified Laws § 25-5-7.6 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.6
Parent sharing custody to foster other parent's relationship with child
Status: in_force

Each parent sharing joint legal custody of their child shall foster the other parent's relationship with the child.

Source: SL 2011, ch 131, § 2.
S.D. Codified Laws § 25-4B-106 — SD Code / Title 25 / Chapter 4B / Section 25-4B-106
Duty to notify of change of address
Status: in_force

(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.

(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.

Source: SL 2014, ch 123, § 6.
S.D. Codified Laws § 25-1-8 — SD Code / Title 25 / Chapter 1 / Section 25-1-8
Bigamous marriage void--Former spouse absent or believed dead
Status: in_force

A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

Source: SDC 1939, § 14.0106 (3).
S.D. Codified Laws § 25-7-6.28 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.28
Child residence with parent for a night--Residence for days
Status: in_force

For the purposes of §§ 25-7-6.14 and 25-7-6.27 , a child resides with a parent for a night if the child sleeps:

(1) At the residence of that parent at night, whether or not the parent is present; or

(2) In the company of the parent, if the child does not sleep at a parent's residence.

If, in a calendar year, due to a parent's nighttime work schedule, a child resides with a parent for days, but not nights, the court may condition the abatement on the required days rather than nights. In those instances, on a school day, the child is treated as residing at the primary residence registered with the school.

Source: SL 2009, ch 130, § 11.
S.D. Codified Laws § 25-10-28 — SD Code / Title 25 / Chapter 10 / Section 25-10-28
Domestic violence or sexual assault shelters and service programs--Required services
Status: in_force

Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include:

(1) Crisis telephone and referral services available twenty-four hours per day, seven days per week;

(2) Shelter available twenty-four hours per day, seven days per week;

(3) Prevention and education programs periodically available to the local community;

(4) Victim advocacy; and

(5) Confidentiality of identity, location, records, and information pertaining to any person to whom services are or were provided.

Source: SL 1989, ch 223, § 4; SL 1990, ch 189, § 4; SL 1991, ch 214, § 4; SL 2011, ch 132, § 3.
S.D. Codified Laws § 25-6-19 — SD Code / Title 25 / Chapter 6 / Section 25-6-19
Order for adoption of adult
Status: in_force

Upon showing of good cause to the judge and if the documents required by § 25-6-18 are in proper form and show the proper facts, upon the filing of same the judge of the circuit court shall enter an order allowing the petition for adoption of an adult and declaring the adoption completed.

Source: SDC 1939, § 14.0406 as added by SL 1961, ch 216; SL 2019, ch 122, § 2.
S.D. Codified Laws § 25-4-63 — SD Code / Title 25 / Chapter 4 / Section 25-4-63
Custody and visitation disputes--Appointment of parenting coordinator
Status: in_force

In any custody or visitation dispute between parents, the court may appoint a parenting coordinator to assist the parents in resolving contested issues. The Supreme Court may promulgate rules pursuant to § 16-3-1 to prescribe the authority, duties, appointment, and compensation of parenting coordinators.

Source: SL 2008, ch 124, § 1.
S.D. Codified Laws § 25-9C-202 — SD Code / Title 25 / Chapter 9C / Section 25-9C-202
Duration of personal jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 25-9C-205 , 25-9C-206 , and 25-9C-211 .

Source: SL 2015, ch 148, § 202.
S.D. Codified Laws § 25-2-7 — SD Code / Title 25 / Chapter 2 / Section 25-2-7
Property rights and powers of spouse
Status: in_force

Each spouse shall have and retain after marriage all the civil and property rights of a single person. Each may buy and sell, receive and convey, or dispose of by will, or otherwise dispose of any real or personal property belonging to him or her or in which he or she may have an interest, without joining the name of the spouse except for the homestead.

Source: SDC 1939, § 14.0207; SL 1984, ch 12, § 41.
S.D. Codified Laws § 25-4A-19 — SD Code / Title 25 / Chapter 4A / Section 25-4A-19
Request for hearing on relocation--Presumption of consent--Best interests of child
Status: in_force

At the request of the nonrelocating parent, made within thirty days of the notice of relocation, the court shall hold a hearing on the relocation. If no request for hearing is made within thirty days of notice, the relocation is presumed to be consented to by the nonrelocating parent. If an objection to the relocation is filed, the court shall consider the traditional best interest of the child factors when determining a proposed relocation that would result in a substantial alteration to the existing parenting time arrangement.

Source: SL 2004, ch 173, § 3; SL 2020, ch 106, § 1.
S.D. Codified Laws § 25-7A-24 — SD Code / Title 25 / Chapter 7A / Section 25-7A-24
Order for withholding of income served upon obligor where delinquent or support arrearage owed
Status: in_force

If an order for support does not contain a provision for immediate withholding of income or property and an obligor becomes delinquent in any part of the payment of support obligations pursuant to the order for support, or an arrearage exists, the department shall prepare and serve an order for withholding of income on the payor as provided by § 25-7A-30 . The department shall also advise the obligor of the procedures to contest the withholding.

Source: SL 1986, ch 218, § 23; SL 1990, ch 188, § 2; SL 1997, ch 155, § 8; SL 1998, ch 157, § 3.
S.D. Codified Laws § 25-7A-6 — SD Code / Title 25 / Chapter 7A / Section 25-7A-6
Referee hearing requested by parent--Referee's report--Filing--Objections--Court hearing--Order of court--Service--Objection to court's modification
Status: in_force

If a parent served with a notice of support debt under § 25-7A-5 makes a timely request for a hearing, the secretary of social services must file the notice of support debt, proof of service thereof, and response thereto in the office of the clerk of the circuit court in the county of residence of that parent. The matter must be set for hearing before a referee who is a member in good standing of the State Bar Association and is appointed by the court, pursuant to statute, and after due notice to all parties by first class mail.

The referee shall make a report to the court, recommending the amount of the debt due to the state, if any, and the monthly support obligation of the parent and the arrearage debt due to the obligee or another state who has applied for support enforcement services, the provision of medical support, or genetic testing costs. If genetic testing showing a ninety-nine percent or higher likelihood of paternity, or a voluntary acknowledgment of paternity, is presented as evidence during the hearing, the referee must make a finding of adjudication of paternity and include the finding in the report to the court.

The referee shall file the report with the court and cause copies thereof to be served by mailing to the parties and the secretary. Any party shall have ten days from the date of service of the report in which to file objections to the report. If a party files an objection, the other party has an additional five days from the date of service of the objections to file additional objections. If no objection is filed, the circuit court may thereafter, and without further notice, enter its order. If any objection is filed, the circuit court must fix a date for hearing on the report, with the hearing to be solely on the record established before the referee. The circuit court may thereafter adopt the referee's report, or may modify it, or may reject and remand it with instructions or for further hearing. The secretary shall serve the parent the court's order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.

If the circuit court's order modifies the referee's report and no hearing was held before the court before entry of its order, any party has ten days from the date of service of the order in which to file an objection to that modification. If an objection is filed, the circuit court must fix a date for hearing on the objection and after the hearing must enter its order. The secretary shall serve the order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.

Source: SL 1982, ch 196, § 6; SL 1986, ch 218, § 7; SL 1989, ch 175, § 4; SL 1991, ch 213, § 1; SL 1995, ch 144, § 2; SL 2005, ch 134, § 7; SL 2009, ch 130, § 14; SL 2026, ch 121, § 6.
S.D. Codified Laws § 25-9C-614 — SD Code / Title 25 / Chapter 9C / Section 25-9C-614
Notice to issuing tribunal of modification
Status: in_force

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

Source: SL 2015, ch 148, § 614.
S.D. Codified Laws § 25-10-9 — SD Code / Title 25 / Chapter 10 / Section 25-10-9
Departure of petitioner from household not waiving right to relief
Status: in_force

A person's right to apply for relief under this chapter may not be affected by the departure of that person from the residence or household to avoid abuse.

Source: SL 1981, ch 198, § 9.
S.D. Codified Laws § 25-6-24 — SD Code / Title 25 / Chapter 6 / Section 25-6-24
Due regard to be afforded Indian Child Welfare Act
Status: in_force

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), if that Act is applicable.

Source: SL 2004, ch 2, § 9, eff. Mar. 3, 2004; SL 2019, ch 127, § 2.
S.D. Codified Laws § 25-1-24 — SD Code / Title 25 / Chapter 1 / Section 25-1-24
Time allowed after license for solemnization of marriage
Status: in_force

Any marriage license issued under the provisions of this chapter shall become void unless the marriage is solemnized within ninety days following issuance.

Source: SDC 1939, § 14.0123 (7) as enacted by SL 1939, ch 36; SL 2020, ch 104, § 1.
S.D. Codified Laws § 25-1-37 — SD Code / Title 25 / Chapter 1 / Section 25-1-37
Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department
Status: in_force

The Department of Health shall maintain marriage licenses issued and records of marriages solemnized in South Dakota. A duly certified copy of the recorded marriage license shall be received as competent evidence of the marriage. The local registrar shall file monthly, or more frequently if required by the department, a record of all marriages occurring in the local registrar's county with the Department of Health by electronic means, if available. If electronic means are not available, the registrar shall file such record of all marriages on a form prescribed by the department.

Source: SDC 1939, § 14.0122; SL 1974, ch 55, § 29; SL 1988, ch 202, § 9; SL 1993, ch 191, § 7; SL 2001, ch 129, § 1.
S.D. Codified Laws § 25-9C-203 — SD Code / Title 25 / Chapter 9C / Section 25-9C-203
Initiating and responding tribunal of state
Status: in_force

Pursuant to this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.

Source: SL 2015, ch 148, § 203.
S.D. Codified Laws § 25-5-10.1 — SD Code / Title 25 / Chapter 5 / Section 25-5-10.1
Best interest of child not presumed--Change of custody
Status: in_force

Notwithstanding any initial entitlement to custody pursuant to § 25-5-10 , there is no legal presumption that such custody is in the best interest of the child, nor is a change of circumstances required for a change of the initial custody as determined by § 25-5-10 .

Source: SL 2008, ch 131, § 2.
S.D. Codified Laws § 25-4B-309 — SD Code / Title 25 / Chapter 4B / Section 25-4B-309
Content of temporary custody order
Status: in_force

(a) An order granting custodial responsibility under this Article must:

(1) Designate the order as temporary; and

(2) Identify to the extent feasible the destination, duration, and conditions of the deployment.

(b) If applicable, an order for custodial responsibility under this Article must:

(1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;

(2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;

(3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;

(4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;

(5) Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and

(6) Provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment.

Source: SL 2014, ch 123, § 21.
S.D. Codified Laws § 25-7A-60 — SD Code / Title 25 / Chapter 7A / Section 25-7A-60
Garnishment of wages for state expenditures for dependent child under the medical assistance program
Status: in_force

The Department of Social Services may garnish wages, salary, earnings, or other employment income of the obligor, pursuant to the provisions of chapter 21-18 or applicable provisions of this chapter, to reimburse the state for any expenditures made on behalf of a dependent child under the medical assistance program in order to recover any money received by the obligor from third-party liability sources which are necessary to reimburse either the custodial parent or the provider of the medical services for expenditures made or services rendered on behalf of a dependent child for covered medical services under the obligor's group or private family health insurance plan. Any claims for current or past-due child support obligations shall have priority over claims for expenditures made under the Title XIX medical assistance program as set out in this section.

Source: SL 1994, ch 387, § 18; SL 2019, ch 127, § 3.
S.D. Codified Laws § 25-10-5 — SD Code / Title 25 / Chapter 10 / Section 25-10-5
Relief authorized on finding abuse--Time limitation
Status: in_force

Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:

(1) Restrain any party from committing acts of domestic abuse;

(2) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;

(3) Award temporary custody or establish temporary visitation with regards to minor children of the parties;

(4) Establish temporary support for minor children of the parties or a spouse;

(5) Order that the abusing party obtain counseling;

(6) Order other relief as the court deems necessary for the protection of the person to whom relief is being granted, including orders or directives to a sheriff or constable.

Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.

If any minor child resides with either party, the court shall order that the restrained person receive instruction on parenting approved or provided by the Department of Social Services as part of any relief granted.

Source: SL 1981, ch 198, § 5; SL 1984, ch 191, § 2; SL 1988, ch 205, § 2; SL 1994, ch 208, § 3; SL 1998, ch 162, § 4; SL 2008, ch 132, § 1; SL 2014, ch 125, § 5.
S.D. Codified Laws § 25-4A-1 — SD Code / Title 25 / Chapter 4A / Section 25-4A-1
Custody or visitation rights enforceable by contempt proceedings
Status: in_force

After notice and hearing, any decree or order of the court relating to custody of or visitation with a child may be enforced by contempt.

Source: SL 1994, ch 195, § 1.
S.D. Codified Laws § 25-5A-31 — SD Code / Title 25 / Chapter 5A / Section 25-5A-31
Surrender of newborn--Limited liability
Status: in_force

Any emergency services provider or licensed child placement agency that accepts physical custody of a newborn pursuant to § 25-5A-27 is immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custody or the provision of care for the newborn while the newborn is in the provider's or agency's custody.

Nothing in this section grants any relief for injury caused by a willful, wanton, or reckless act of commission or omission.

Source: SL 2001, ch 132, § 5; SL 2025, ch 107, § 6.
S.D. Codified Laws § 25-9C-312 — SD Code / Title 25 / Chapter 9C / Section 25-9C-312
Nondisclosure of information in exceptional circumstances
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

Source: SL 2015, ch 148, § 312.
S.D. Codified Laws § 25-9C-205 — SD Code / Title 25 / Chapter 9C / Section 25-9C-205
Continuing, exclusive jurisdiction to modify child support order
Status: in_force

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) Its order is not the controlling order.

(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

Source: SL 2015, ch 148, § 205.
S.D. Codified Laws § 25-7-6.17 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.17
Large adjustment in support phased in
Status: in_force

In cases resulting in an adjustment of more than twenty - five percent in the support award, the court may phase in the adjustment over time.

Source: SL 1989, ch 220, § 17.
S.D. Codified Laws § 25-9C-710 — SD Code / Title 25 / Chapter 9C / Section 25-9C-710
Foreign support agreement
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) A complete text of the foreign support agreement; and

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) The agreement was obtained by fraud or falsification;

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement pursuant to this chapter in this state; or

(4) The record submitted under subsection (b) lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

Source: SL 2015, ch 148, § 710.
S.D. Codified Laws § 25-4-82 — SD Code / Title 25 / Chapter 4 / Section 25-4-82
Time for filing motion for intentional concealment of assets
Status: in_force

A motion for omitted assets alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission, but no later than ten years after the entry of the original decree.

Source: SL 2013, ch 118, § 8.
S.D. Codified Laws § 25-7A-6.1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-6.1
Notice to department of parent's address and employment information
Status: in_force

An order for support shall include a provision requiring each parent to notify the department of the parent's current address and the name and address of the parent's current employer. The order shall also require each parent to notify the department of a change in the parent's address or employment within seven business days of the change. A child support referee may mail any notice required by §§ 25-7A-6 and 25-7A-22 to a parent's last known address on file with the department.

Source: SL 2013, ch 119, § 12.
S.D. Codified Laws § 25-5-7.2 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.2
Residential parent to make routine decisions concerning child
Status: in_force

During the time a child, over whom the court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child.

Source: SL 1989, ch 217, § 2.
S.D. Codified Laws § 25-10-21 — SD Code / Title 25 / Chapter 10 / Section 25-10-21
Prohibited services
Status: in_force

No funds authorized or awarded under the provisions of §§ 25-10-16 and 25-10-18 shall be used to promote or pay, directly or indirectly, for the elective termination of a pregnancy, sterilization, or control of birth by medication or device.

Source: SL 1983, ch 204, § 10.
S.D. Codified Laws § 25-4-38 — SD Code / Title 25 / Chapter 4 / Section 25-4-38
Alimony pending action
Status: in_force

While an action for divorce is pending, the court may in its discretion require one spouse to pay as alimony any money necessary to support the other spouse or the children of the parties, or to prosecute or defend the action.

Source: SDC 1939, § 14.0725; SL 1979, ch 165, § 1.
S.D. Codified Laws § 25-4-16 — SD Code / Title 25 / Chapter 4 / Section 25-4-16
Habitual intemperance defined
Status: in_force

Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party.

Source: SDC 1939, § 14.0711.
S.D. Codified Laws § 25-7-6.19 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.19
Credit for child support arrearages--Parent with primary physical custody--Actual custody
Status: in_force

Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3 , if, by agreement of the parties, or by court order, the obligor had primary physical custody of the child for more than four consecutive months, the court may credit the obligor for child support arrearages that accumulated during the period the obligor had actual physical custody of the child.

Source: SL 1997, ch 154, § 10; SL 2026, ch 121, § 4.
S.D. Codified Laws § 25-4-58.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-58.1
Minimum qualifications for family court mediators
Status: in_force

To be eligible as a court appointed family court mediator under § 25-4-56 , a mediator must have the following minimum qualifications:

(1) A mediator must file an approved application on the prescribed form with the presiding judge for the circuit or circuits in which the mediator will conduct mediations. See prescribed form attached as Exhibit A.

(2) A mediator must have both a minimum of forty (40) hours mediation training, plus experience in actual mediation sessions by consulting with a mediator approved under this rule for at least three mediation sessions. In place of forty (40) hours' training and consultation, a person may, with court approval, qualify as a mediator if that person has had five years' experience in mediating custody and visitation issues with a minimum of twenty (20) mediations during that period. A mediator must have competence in the following areas:

(a) General knowledge of the South Dakota court system and its procedures in contested family matters;

(b) General knowledge of South Dakota family law, especially as applied to custody and visitation issues;

(c) Knowledge of child development and specifically the impact of divorce or separation on family members;

(d) Knowledge of resources available in the state to which the parties and the children can be referred for assistance;

(e) Knowledge of interviewing and mediation techniques applicable to the family setting.

(3) A mediator must be committed to and participate in continuing education courses.

MEDIATOR APPLICATION FORM

UNIFIED JUDICIAL SYSTEM OF SOUTH DAKOTA

____________________________ CIRCUIT COURT

I am aware of and agree to abide by the principles and guidelines set out in the Interim Standards for Mediators as promulgated by the Supreme Court of South Dakota.

Source: Supreme Court Rule 96-7; Supreme Court Rule 97-41; SL 2012, ch 262 (Supreme Court Rule 12-08), eff. July 1, 2012.
S.D. Codified Laws § 25-5-9 — SD Code / Title 25 / Chapter 5 / Section 25-5-9
Habeas corpus to award child custody when parents separated without divorce--Rules of law governing
Status: in_force

When husband and wife live separate and apart from each other without being divorced, the circuit court or judge thereof, upon application of either, may grant a writ of habeas corpus to inquire into the custody of any minor unmarried child of the marriage, and may award the custody of such child to either for such time and under such regulations as the case may require. The decision of the court or judge must be guided by the rules provided by law for awarding custody of a minor or appointing guardians.

Source: SDC 1939, § 14.0305.
S.D. Codified Laws § 25-4A-18 — SD Code / Title 25 / Chapter 4A / Section 25-4A-18
Contents of notice of relocation
Status: in_force

The notice required in § 25-4A-17 shall contain the following:

(1) The address and telephone number, if known, of the new residence;

(2) The purpose for relocating;

(3) Why the relocation is in the best interest of the child; and

(4) The relocating party's proposed visitation plan for the nonrelocating parent upon relocation.

If a relocating parent is giving notice of relocation in compliance with subdivisions 25-4A-17(3) or (4), the address requirement in subdivision (1) of this section is fulfilled if the notice contains the city and state of the new residence.

Source: SL 2004, ch 173, § 2; SL 2016, ch 141, § 2.
S.D. Codified Laws § 25-1-9 — SD Code / Title 25 / Chapter 1 / Section 25-1-9
Age of consent to marriage--Exception
Status: in_force

Except as provided in § 25-1-13 , no marriage may be contracted in this state unless both individuals applying for the marriage license have attained the age of eighteen at the time the marriage license is issued.

Source: SDC 1939, § 14.0109; SL 1961, ch 52; SL 1975, ch 178, § 1; SL 1993, ch 191, § 2; SL 2026, ch 118, § 1.
S.D. Codified Laws § 25-4-84 — SD Code / Title 25 / Chapter 4 / Section 25-4-84
Custody and visitation disputes--Order for therapy--Allocation of costs--Rebuttable presumption
Status: in_force

In any custody or visitation dispute between parents, the court may order family therapy or reunification therapy to assist the parties in formulating or modifying a plan, or in implementing a plan, for custody or visitation. The court shall allocate the cost of any therapy ordered between the parties.

There is a rebuttable presumption that, in a custody or visitation dispute between parents, it is not in the best interest of the child for the court to order family therapy or reunification therapy if the court finds:

(1) One party has been the victim of domestic abuse, as defined in § 25-10-1 , perpetrated by the other party; or

(2) A child involved in the action has been a victim of domestic abuse, as defined in § 25-10-1 , perpetrated by one of the parties.

Source: SL 2025, ch 106, § 1.
S.D. Codified Laws § 25-4B-303 — SD Code / Title 25 / Chapter 4B / Section 25-4B-303
Expedited hearing
Status: in_force

If a motion to grant custodial responsibility is filed under subsection 25-4B-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.

Source: SL 2014, ch 123, § 15.
S.D. Codified Laws § 25-4-75 — SD Code / Title 25 / Chapter 4 / Section 25-4-75
Motion to reopen case to divide assets omitted from property division
Status: in_force

Any court that has entered an original decree of marital annulment, dissolution, or legal separation and determined a division of the property shall reopen the case upon the motion of either party to the original decree if the moving party alleges all of the following regarding any assets belonging to either or both of the parties:

(1) The assets existed at the time of the entry of the decree;

(2) The assets were not encompassed by the original decree; and

(3) The assets are currently more than de minimus assets.

Source: SL 2013, ch 118, § 1.
S.D. Codified Laws § 25-7A-2 — SD Code / Title 25 / Chapter 7A / Section 25-7A-2
Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt
Status: in_force

Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court order, administrative order, or final decree of divorce, the debt is limited to the amount of the order or decree including the full amount of all payments in arrears under the order or decree. The secretary of social services may, if the debt is not established by order, limit the debt to an amount consistent with the debtor's ability to pay, both as to amounts accrued and accruing during any period in which public assistance payments are made. The Department of Social Services may petition the appropriate court for modification of a court order on the same grounds as either party to the cause. A person receiving public assistance for the benefit of a dependent child does not incur a debt under this chapter for the period the person received assistance.

Source: SL 1982, ch 196, § 2; SL 1986, ch 218, § 2.
S.D. Codified Laws § 25-5-18.2 — SD Code / Title 25 / Chapter 5 / Section 25-5-18.2
Parental duty to support certain grandchildren
Status: in_force

The parents of a minor mother or minor father may be required to contribute to the support of their grandchild according to their financial means until they are no longer legally responsible to support the minor mother or minor father in accordance with § 25-5-18.1 .

Source: SL 1995, ch 142.
S.D. Codified Laws § 25-10-1 — SD Code / Title 25 / Chapter 10 / Section 25-10-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Domestic abuse," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when occurring between persons in a relationship described in § 25-10-3.1 . Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between persons in such a relationship;

(2) "Protection order," an order restraining any person in a relationship described in § 25-10-3.1 from committing any act of domestic abuse or an order excluding any person in a relationship described in § 25-10-3.1 from the dwelling or residence of another person in such a relationship, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and

(3) "Temporary protection order," an order restraining any person in a relationship described in § 25-10-3.1 from committing any act of domestic abuse or an order excluding any person in a relationship described in § 25-10-3.1 from the dwelling or residence of another person in such a relationship, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in § 25-10-7.1 .

Source: SL 1981, ch 198, § 1; SL 1984, ch 191, § 1; SL 1986, ch 220, § 2; SL 1988, ch 205, § 1; SL 1994, ch 208, § 1; SL 2000, ch 119, § 1; SL 2005, ch 135, § 1; SL 2007, ch 161, § 1; SL 2014, ch 125, § 2.
S.D. Codified Laws § 25-10-22 — SD Code / Title 25 / Chapter 10 / Section 25-10-22
Effect of divorce or other civil proceedings prior to criminal proceedings
Status: in_force

In any action involving domestic abuse, the court may not:

(1) Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim;

(2) Require proof that either party is seeking dissolution of marriage prior to instigation of criminal proceeding.

Source: SL 1989, ch 224, § 1.
S.D. Codified Laws § 25-4-83 — SD Code / Title 25 / Chapter 4 / Section 25-4-83
Nonexclusive remedies
Status: in_force

The provisions of §§ 25-4-75 to 25-4-82 , inclusive, are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.

Source: SL 2013, ch 118, § 9.
S.D. Codified Laws § 25-4-60 — SD Code / Title 25 / Chapter 4 / Section 25-4-60
Confidentiality of mediation communications and mediator's work product
Status: in_force

Any communication, oral or written, in a mediation proceeding pursuant to § 25-4-56 is confidential and inadmissible as evidence in any proceeding. A mediator appointed pursuant to § 25-4-56 may not be a witness, and the notes and work product of the mediator are not subject to discovery or subpoena in the proceeding in which the contested child custody or visitation is at issue.

Source: SL 1996, ch 163, § 4.
S.D. Codified Laws § 25-6-22 — SD Code / Title 25 / Chapter 6 / Section 25-6-22
Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof
Status: in_force

An adoptee or the adoptee's legal guardian having knowledge of a hospital or clinic with medical information of an adoptee's birth parent may provide a written request to the hospital or clinic for that information. The adoptee shall send a copy of the written request to the Department of Social Services in Pierre. The adoptee or the adoptee's legal guardian shall provide to the hospital or clinic proof that the person whose medical information is being sought is a birth parent of the adoptee seeking the information. When a hospital or clinic receives a written request and the proof as required by this section, it shall release the medical information to the Department of Social Services. Upon receipt of the medical information from the hospital or clinic, the department shall forward the information to the adoptee or the adoptee's legal guardian. A hospital's or clinic's compliance with this section may not be construed as a violation of subdivision 19-19-503(b) or § 34-12-15 .

Source: SL 1994, ch 196, § 2.
S.D. Codified Laws § 25-9C-707 — SD Code / Title 25 / Chapter 9C / Section 25-9C-707
Contest of registered Convention support order
Status: in_force

(a) Except as otherwise provided in this Article, §§ 25-9C-605 to 25-9C-608 , inclusive, apply to a contest of a registered Convention support order.

(b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.

(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.

(d) A contest of a registered Convention support order may be based only on grounds set forth in § 25-9C-708 . The contesting party bears the burden of proof.

(e) In a contest of a registered Convention support order, a tribunal of this state:

(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) May not review the merits of the order.

(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

Source: SL 2015, ch 148, § 707.
S.D. Codified Laws § 25-2-24 — SD Code / Title 25 / Chapter 2 / Section 25-2-24
Application and construction
Status: in_force

Sections 25-2-16 to 25-2-25 , inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it.

Source: SL 1989, ch 216, § 9.
S.D. Codified Laws § 25-4A-34 — SD Code / Title 25 / Chapter 4A / Section 25-4A-34
Custody evaluator appointment at party request or on court's own motion
Status: in_force

Commission Note: By order dated June 3, 2026, the Supreme Court delayed the effective date of Rule 26-07 from July 1, 2026, to December 31, 2026.

Source: SL 2026, ch 248 (Supreme Court Rule 26-07), eff. Dec. 31, 2026.
S.D. Codified Laws § 25-6A-6 — SD Code / Title 25 / Chapter 6A / Section 25-6A-6
"Residence state" defined
Status: in_force

For the purposes of this chapter, the term, residence state, means the state of which the child is a resident by virtue of the residence of the adoptive parents.

Source: SL 1990, ch 187, § 4.
S.D. Codified Laws § 25-4-45.4 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.4
Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs
Status: in_force

Notwithstanding the provisions of § 26-7A-31 , if the court determines mediation as provided in § 25-4-56 is not feasible the court may appoint counsel for any child involved in any divorce or custody proceeding, in which the child is alleged to be neglected or abused, or if a parent, guardian, or custodian request counsel be appointed in such proceeding and if the court determines that it is in the best interest of the child to have counsel appointed for the child. The counsel shall be charged with representation of the child's best interests and may not be counsel for any other party involved. The court may designate other persons who may or may not be attorneys to assist in the performance of the counsel's duties. The court shall allocate the cost of the appointed counsel between the parents, guardian, or custodian of the child.

Source: SL 1990, ch 199; SDCL, § 26-10-17.1 .
S.D. Codified Laws § 25-5A-3 — SD Code / Title 25 / Chapter 5A / Section 25-5A-3
Parent entitled to petition for termination
Status: in_force

A petition for the voluntary termination of parental rights may be filed by a parent.

Source: SL 1971, ch 165, § 4; SL 1973, ch 163, § 7.
S.D. Codified Laws § 25-7A-19 — SD Code / Title 25 / Chapter 7A / Section 25-7A-19
Department as administrator
Status: in_force

The department is the designated public agency for the administration of this chapter.

Source: SL 1986, ch 218, § 44.
S.D. Codified Laws § 25-10-5.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-5.1
Counseling required for domestic abuse defendant placed on probation
Status: in_force

If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant's probation is that the defendant attend domestic abuse counseling. Failure to attend domestic abuse counseling is a violation of the defendant's probation. Domestic abuse counseling includes issues of power and control, accountability, emotional regulation, or cognitive work addressing errors in thinking. The court may recommend individual or group counseling meeting the requirements of domestic abuse counseling, where available.

Source: SL 1992, ch 178; SL 2022, ch 82, § 1.
S.D. Codified Laws § 25-9C-801 — SD Code / Title 25 / Chapter 9C / Section 25-9C-801
Grounds for rendition
Status: in_force

(a) For purposes of this Article, Governor, includes an individual performing the functions of Governor or the executive authority of a state covered by this chapter.

(b) The Governor of this state may:

(1) Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) On the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

Source: SL 2015, ch 148, § 801.
S.D. Codified Laws § 25-1-5 — SD Code / Title 25 / Chapter 1 / Section 25-1-5
Manifestation and proof of consent and consummation of marriage
Status: in_force

Consent to and subsequent consummation of marriage may be manifested in any form and may be proved under the same general rules of evidence as facts in other cases.

Source: SDC 1939, § 14.0105.
S.D. Codified Laws § 25-9C-711 — SD Code / Title 25 / Chapter 9C / Section 25-9C-711
Modification of Convention child support order
Status: in_force

(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, subsection 25-9C-708(c) applies.

Source: SL 2015, ch 148, § 711.
S.D. Codified Laws § 25-2-23 — SD Code / Title 25 / Chapter 2 / Section 25-2-23
Limitation of actions
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

Source: SL 1989, ch 216, § 8.
S.D. Codified Laws § 25-7-20 — SD Code / Title 25 / Chapter 7 / Section 25-7-20
Parent's criminal liability not relieved by other parent's custody or support provided by others
Status: in_force

This chapter may not be construed to relieve one parent from the criminal liability defined in § 25-7-16 for an omission because the other parent of the child is legally entitled to the custody of the child nor because the other parent of the child, or any other person, or organization, voluntarily or involuntarily furnishes necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the child.

Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1982, ch 195, § 3.
S.D. Codified Laws § 25-1-39 — SD Code / Title 25 / Chapter 1 / Section 25-1-39
Marriage voidable if party physically incapable or consent obtained by fraud or force
Status: in_force

If either party to a marriage be incapable from physical causes of entering into the marriage state or if the consent of either be obtained by fraud or force, the marriage is voidable.

Source: SDC 1939, § 14.0107.
S.D. Codified Laws § 25-1-6 — SD Code / Title 25 / Chapter 1 / Section 25-1-6
Incestuous marriages void
Status: in_force

Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate. The relationships provided for in this section include such relationships that arise through adoption.

Source: SDC 1939, § 14.0106 (1); SL 1994, ch 165, § 1.
S.D. Codified Laws § 25-4-81 — SD Code / Title 25 / Chapter 4 / Section 25-4-81
Time for filing motion for inadvertently omitted assets
Status: in_force

A motion for omitted assets alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission, but no later than three years after the entry of the original decree.

Source: SL 2013, ch 118, § 7.
S.D. Codified Laws § 25-9C-105 — SD Code / Title 25 / Chapter 9C / Section 25-9C-105
Application to resident of foreign country and foreign support proceeding
Status: in_force

(a) A tribunal of this state shall apply Articles 1 to 6, inclusive, and, as applicable, Article 7, to a support proceeding involving:

(1) A foreign support order;

(2) A foreign tribunal; or

(3) An obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 to 6, inclusive.

(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 to 6, inclusive, Article 7 controls.

Source: SL 2015, ch 148, § 105.
S.D. Codified Laws § 25-7A-7 — SD Code / Title 25 / Chapter 7A / Section 25-7A-7
Secretary's application for support order--Court order--Service
Status: in_force

If a parent is served with a notice of support debt under § 25-7A-5 and does not request a hearing within ten days, the secretary of social services shall file, in the office of the appropriate clerk of the circuit court, the notice of support debt, proof of service thereof, and an application for an order for support. The court shall enter an order for support in accordance with the child support guidelines set by statute, establishing the amount of child support, accrued and accruing, for which the parent is responsible and the amount of the total monthly payment due on the accrued debt to the state, or to an obligee or another state who has applied for support enforcement services, and on the monthly support obligation. The court shall enter an order for medical support, and may enter an order for genetic testing costs, adjudicating the paternity of the child, or establishing custody of the child. The secretary shall serve the parent an order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.

Source: SL 1982, ch 196, § 7; SL 1986, ch 218, § 8; SL 1989, ch 175, § 5; SL 1995, ch 144, § 3; SL 2001, ch 134, § 2; SL 2009, ch 130, § 15.
S.D. Codified Laws § 25-6-25 — SD Code / Title 25 / Chapter 6 / Section 25-6-25
Effect of adoption orders of another jurisdiction or nation
Status: in_force

Any order of adoption entered in compliance with the laws of another jurisdiction or nation shall have the same effect as an order for adoption entered in this state.

Source: SL 2007, ch 157, § 1.
S.D. Codified Laws § 25-6-1 — SD Code / Title 25 / Chapter 6 / Section 25-6-1
Child born to unmarried mother--Acknowledgment by father--Effect
Status: in_force

If the biological mother of a child is not married to the father of the child at the time of the conception or birth of the child, or at any time between conception and birth of the child, the father becomes an acknowledged father of the child and adopts the child only by:

(1) Openly holding out the child as the father's own by receiving the child into the father's household;

(2) Voluntarily contributing to the financial support of the child; or

(3) Voluntarily contributing to the daily supervision, protection, education, and care of the child.

Following a father's adoption of a child pursuant to this section, the child is deemed for all purposes to be the child of the father from the time of the child's birth. No other provision of law relating to adoption shall apply.

Source: SDC 1939, § 14.0408; SL 2025, ch 108, § 1.
S.D. Codified Laws § 25-2-21 — SD Code / Title 25 / Chapter 2 / Section 25-2-21
Enforcement
Status: in_force

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Source: SL 1989, ch 216, § 6.
S.D. Codified Laws § 25-7A-56.9 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.9
Reporting requirements of child support obligor's financial institution
Status: in_force

The department shall enter into agreements with any financial institution conducting business within the state whereby the financial institution shall, on a quarterly basis, provide to the department the name, record address, social security number, or other taxpayer identification number, and other identifying information requested by the department for each obligor who owes past - due child support, and who maintains an account at the financial institution. Every financial institution shall also comply with any lien, levy, or order for withholding of income issued by the department against any account.

A financial institution is not liable to any person or entity for release or disclosure of any information required herein, and is not liable for encumbering or surrendering to the department any assets held by the financial institution and owned by the obligor. A financial institution is not liable to any person or entity for any other action taken in good faith by the institution to comply with the requirements of this section. Any information obtained by any Title IV-D agency pursuant to this section is confidential in nature and may be disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation.

As used in this section, financial institution includes any financial institution as defined in subdivision 10-43-1(4), any institution regulated by chapter 47-31B , and any other depository institution, credit union, benefit association, insurance company, safe deposit company, bond fund, money market mutual fund, and any mutual fund of any kind or character. The term, account, as used in this section includes any demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money market or any type of mutual fund account, and intangible property as defined in subdivision 43-41B-1(10).

Source: SL 1997, ch 155, § 28; SL 2004, ch 278, § 61.
S.D. Codified Laws § 25-10-3.2 — SD Code / Title 25 / Chapter 10 / Section 25-10-3.2
Factors for determining significant romantic relationship
Status: in_force

For purposes of chapter 25-10 , when determining whether a relationship is a significant romantic relationship, the court shall consider, among others, the following factors:

(1) The length of time of the relationship;

(2) The frequency of interaction between the parties;

(3) The characteristics and the type of the relationship.

Source: SL 2014, ch 125, § 3.
S.D. Codified Laws § 25-4-17.4 — SD Code / Title 25 / Chapter 4 / Section 25-4-17.4
Validation of divorce granted without personal appearance
Status: in_force

Any divorce or separate maintenance which has been granted without the personal appearance of a party is hereby legalized and validated.

Source: SL 1987, ch 187, § 2.
S.D. Codified Laws § 25-5A-2 — SD Code / Title 25 / Chapter 5A / Section 25-5A-2
Purposes of termination procedure
Status: in_force

The procedure for the voluntary termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of the child by some other plan which may or may not contemplate the continued possibility of eventual adoption, may be initiated whenever it appears that the parent or parents of any child desires to relinquish such parental rights.

Source: SL 1971, ch 165, § 3; SL 1973, ch 163, § 2.
S.D. Codified Laws § 25-4-13 — SD Code / Title 25 / Chapter 4 / Section 25-4-13
Desertion by refusal of reconciliation after separation
Status: in_force

Consent to a separation is a revocable act and if one of the parties afterwards in good faith seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion.

Source: SDC 1939, § 14.0709 (6).
S.D. Codified Laws § 25-9C-802 — SD Code / Title 25 / Chapter 9C / Section 25-9C-802
Conditions for rendition
Status: in_force

(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, pursuant to this chapter or a law substantially similar to this chapter, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.

Source: SL 2015, ch 148, § 802.
S.D. Codified Laws § 25-2-5 — SD Code / Title 25 / Chapter 2 / Section 25-2-5
Recording inventory of spouse's separate property--Prima facie evidence
Status: in_force

A full and complete inventory of the separate personal property of a husband or wife, or both, may be made out and signed by him or her, or both, under oath, and recorded in the office of the register of deeds of the county in which the parties reside.

The filing of the inventory in the register's office is notice and prima facie evidence of the title of each spouse.

Source: SDC 1939, § 14.0204; SL 1984, ch 12, § 39.
S.D. Codified Laws § 25-4-44 — SD Code / Title 25 / Chapter 4 / Section 25-4-44
Division of property between parties
Status: in_force

When a divorce is granted, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the circumstances of the parties.

Source: SDC 1939, § 14.0726; SL 1988, ch 203.
S.D. Codified Laws § 25-6-9.1 — SD Code / Title 25 / Chapter 6 / Section 25-6-9.1
Home study required--Background check--Department contribution--Penalty
Status: in_force

A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in § 26-6-14 , the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defined in § 36-26-17 . Any person who submitted home studies under this section or under § 26-4-15 prior to July 1, 1990, may continue to submit home study reports without meeting the above requirements.

A home study must include a fingerprint-based criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the department.

A child who is in the custody of the department may not be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the Federal Bureau of Investigation, for each adopting parent.

The department shall contribute one thousand five hundred dollars towards the cost of each home study required under this section. The necessary funding must be budgeted and expended through the general appropriation bill, pursuant to chapter 4-7 .

Any person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 1986, ch 214, §§ 2, 3; SL 1990, ch 185, § 1; SL 1992, ch 180, § 1; SL 2002, ch 116, § 2; SL 2003, ch 145, § 1; SL 2007, ch 156, § 1; SL 2008, ch 130, § 1; SL 2022, ch 79, § 1; SL 2025, ch 109, § 1.
S.D. Codified Laws § 25-7-6.6 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.6
Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction
Status: in_force

Gross income from a business, profession, farming, rentals, royalties, estates, trusts, or other sources, are the net profits or gain, or net losses shown on any or all schedules filed as part of the parents' federal income tax returns or as part of any federal income tax returns for any business with which he is associated, except that the court may allow or disallow deductions for federal income taxation purposes which do not require the expenditure of cash, including, but not limited to, depreciation or depletion allowances, and may further consider the extent to which household expenses, automobile expenses, and related items are deductible or partially deductible for income tax purposes. In the event a court disallows depreciation, it may consider necessary capital expenditures which enhance the parent's current income for child support purposes.

Source: SL 1989, ch 220, § 6.
S.D. Codified Laws § 25-10-40 — SD Code / Title 25 / Chapter 10 / Section 25-10-40
Restrictions on release of person charged with domestic abuse
Status: in_force

No police officer or sheriff may release a person charged with assaulting a person in a relationship described in § 25-10-3.1 , or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate judge or circuit court shall determine if bond or other conditions of release are necessary for the protection of the alleged victim.

Source: SL 1985, ch 199, § 1; SDCL § 23A-43-4.1 ; SL 2002, ch 19, § 1; SL 2014, ch 125, § 8.
S.D. Codified Laws § 25-4-41 — SD Code / Title 25 / Chapter 4 / Section 25-4-41
Allowance for support when divorce granted
Status: in_force

Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects.

Source: SDC 1939, § 14.0726; SL 1977, ch 203, § 1.
S.D. Codified Laws § 25-10-5.3 — SD Code / Title 25 / Chapter 10 / Section 25-10-5.3
Court to require instruction in parenting as part of sentence in certain convictions--Exception
Status: in_force

If any person is convicted of a crime involving domestic abuse, and that person is the parent, guardian, or custodian of a minor child who resides with that person or the victim of the crime, the court shall include as part of the sentence, or conditions required as part of the suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services. However, this section does not apply to any person convicted and imprisoned for any felony for such a duration that there is no expectation of release for at least four years.

Source: SL 1998, ch 162, § 5.
S.D. Codified Laws § 25-7-16.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-16.1
Cash bond for nonsupport applied to child support arrearages
Status: in_force

Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil proceedings to enforce child support obligations, may, at the discretion of the court, be ordered paid to the Department of Social Services or the support obligee and applied to child support arrearages either as a condition imposed by the court or as a result of the individual's failure to appear as required by the court.

Source: SL 2012, ch 144, § 1.
S.D. Codified Laws § 25-4-1 — SD Code / Title 25 / Chapter 4 / Section 25-4-1
Marriage dissolved only by death or divorce--Status of parties after divorce
Status: in_force

Marriage is dissolved only:

(1) By the death of one of the parties; or

(2) By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. The effect of such judgment is to restore the parties to the state of unmarried persons.

Source: SDC 1939, § 14.0701.
S.D. Codified Laws § 25-5-7.1 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.1
Joint legal custody order--Factors for court's consideration--Joint physical custody
Status: in_force

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.

Source: SL 1989, ch 217, § 1; SL 2011, ch 131, § 1; SL 2012, ch 141, § 1.
S.D. Codified Laws § 25-6-12 — SD Code / Title 25 / Chapter 6 / Section 25-6-12
Execution of consent and agreement by parties--Appearances at hearing
Status: in_force

Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted shall be treated in all respects as his or her own. The consent forms and the agreement of the person adopting shall be filed with the court. At the time of the hearing on the petition, the person adopting a child and the child to be adopted shall appear in court or by other means as may be allowed by the court. All persons whose consent is necessary, except the child and the person adopting the child, unless a different means of appearance is allowed by the court, may appear by a person filing with the court a power of attorney, or a guardian may appear on behalf of the child, or a duly incorporated home or society for the care of dependent or neglected children may by its authorized officer or agent, consent to the adoption of a child surrendered to such home or society by a court of competent jurisdiction. The Department of Social Services may appear in court and consent to the adoption of a child surrendered to it by any court of competent jurisdiction, or, if the department has custody of a child by written agreement of a parent or parents with power of attorney to consent to adoption, by the officer of the department holding such power of attorney.

Source: SDC 1939, § 14.0406; SL 1945, ch 47, § 1; SL 1947, ch 54; SL 1973, ch 165; SL 1989, ch 219; SL 1993, ch 213, § 117; SL 2012, ch 142, § 1.
S.D. Codified Laws § 25-6-2 — SD Code / Title 25 / Chapter 6 / Section 25-6-2
Adoption of minor child permitted--Minimum difference in ages--Best interests of child
Status: in_force

Any minor child may be adopted by any adult person. However, the person adopting the child shall be at least ten years older than the child adopted unless the court finds the adoption of the child by the adult person in the best interest of the child.

In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests of the child.

Source: SDC 1939, § 14.0401; SL 1994, ch 199; SL 2018, ch 158, § 1, eff. Feb. 27, 2018.
S.D. Codified Laws § 25-5-18.1 — SD Code / Title 25 / Chapter 5 / Section 25-5-18.1
Parental duty to support child
Status: in_force

The parents of any child are under a legal duty to support their child in accordance with the provisions of § 25-7-6.1 , until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full - time student in a secondary school. If it is determined by the court that the child support obligation survives the death of the parent, the amount due may be modified, revoked, or commuted to a lump sum payment by the court, taking into consideration all factors deemed relevant, including the financial resources of the child and the other parent and the needs of the decedent's family.

Source: SL 1986, ch 218, § 68; SL 1989, ch 220, §§ 1, 19; SL 2001, ch 133, § 6.
S.D. Codified Laws § 25-9C-302 — SD Code / Title 25 / Chapter 9C / Section 25-9C-302
Proceeding by minor parent
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

Source: SL 2015, ch 148, § 302.
S.D. Codified Laws § 25-4A-27 — SD Code / Title 25 / Chapter 4A / Section 25-4A-27
Modification of existing orders
Status: in_force

The enactment of §§ 25-4A-21 to 25-4A-27 , inclusive, does not constitute a substantial change in circumstances justifying the modification of existing custody orders, but the provisions of §§ 25-4A-21 to 25-4A-27 , inclusive, shall apply to modification proceedings which are otherwise properly before the court.

Source: SL 2014, ch 122, § 7.
S.D. Codified Laws § 25-9C-505 — SD Code / Title 25 / Chapter 9C / Section 25-9C-505
Penalties for noncompliance
Status: in_force

An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

Source: SL 2015, ch 148, § 505.
S.D. Codified Laws § 25-4B-302 — SD Code / Title 25 / Chapter 4B / Section 25-4B-302
Proceeding for temporary custody order
Status: in_force

(a) After a deploying parent receives an official order to deploy and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.

(b) At any time after a deploying parent receives an official order to deploy, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under § 25-4B-104 , or if there is no pending proceeding in a court with jurisdiction under § 25-4B-104 , in a new action for granting custodial responsibility during deployment.

Source: SL 2014, ch 123, § 14.
S.D. Codified Laws § 25-2-6 — SD Code / Title 25 / Chapter 2 / Section 25-2-6
Separate property not liable for debts of spouse
Status: in_force

The separate property of a spouse is not liable for the debts of the other spouse contracted before or after the marriage.

Source: SDC 1939, § 14.0206; SL 1984, ch 12, § 40.
S.D. Codified Laws § 25-10-17.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-17.1
Persons convicted of crimes involving domestic abuse required to support domestic violence programs
Status: in_force

In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to remit costs in the amount of twenty-five dollars to the clerk of courts. The clerk of courts shall forward any amount collected to the county treasurer for deposit in the county domestic violence program fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.

Source: SL 2011, ch 133, § 1.
S.D. Codified Laws § 25-4-34.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-34.1
Validation of prior decrees granted on sixtieth day--Deadline for contesting validity
Status: in_force

All divorce decrees granted on the sixtieth day after service of the summons and complaint, on or before December 12, 1979, are hereby legalized, cured, and validated as if they were granted on the sixty - first day following service of the summons and complaint.

Any person claiming that a divorce is not valid must have commenced action to adjudicate his or her claim on or before July 1, 1981. In case of his or her failure to do so by July 1, 1981, his or her right of action shall have expired and shall be barred.

Source: SL 1980, ch 187.
S.D. Codified Laws § 25-4B-401 — SD Code / Title 25 / Chapter 4B / Section 25-4B-401
Procedure for terminating temporary grant of custodial responsibility established by agreement
Status: in_force

(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

(b) A temporary agreement under Article 2 granting custodial responsibility terminates:

(1) If an agreement to terminate under subsection (a) specifies a date for termination, on that date; or

(2) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.

(c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.

(d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to § 25-4B-205 or a temporary order for child support was entered pursuant to § 25-4B-310 , an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.

Source: SL 2014, ch 123, § 24.
S.D. Codified Laws § 25-7-26 — SD Code / Title 25 / Chapter 7 / Section 25-7-26
Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking
Status: in_force

If a defendant fails to comply with the undertaking, he or she may be arrested on a warrant issued from the court in which the case is pending or the conviction was had. The court may thereupon order a forfeiture of the undertaking and that the defendant be tried or committed in execution of the sentence, or for good cause shown, may release the defendant upon a new undertaking.

Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 54.
S.D. Codified Laws § 25-7-6.16 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.16
Medical support--Insurance--Computation of costs--Apportionment between parents
Status: in_force

The court shall enter an order addressing how the child's health care needs will be met by medical support. The medical support order must include a provision for medical insurance if the insurance is accessible for the child and available to a parent at reasonable cost. Enrollment in public health coverage does not satisfy the medical support obligation if medical insurance is available to one or both of the parents at a reasonable cost and is accessible for the child. Medical insurance is considered accessible if a medical insurance benefit plan is available and provides coverage for the child residing within the geographic area covered by the insurance policy. Medical insurance is considered reasonable in cost if the cost attributable to the child is equal to or less than eight percent of the parent's net income as determined under this chapter, after proportionate medical support credit is applied, and the amount must be specified in the order for support.

The cost of the insurance attributable to the child is the cost of adding the child to existing coverage, the cost of private medical insurance for the child, or the cost attributable to the child under family coverage. The cost attributable to the child under family coverage is the cost to the parent to obtain family coverage divided by the number of individuals enrolled in the family coverage. The cost so computed must be apportioned between the parents on the basis of income or income imputed as provided in this chapter. If one parent pays the entire amount, that parent shall either be reimbursed by the other parent for that parent's portion of the payment or shall receive a credit against the support obligation, whichever is appropriate. Any additional, reasonable health care costs, including medical, optometric, dental or orthodontic, or counseling costs for each minor child that exceed two hundred fifty dollars in any year and are not covered by insurance, must be apportioned between the parents in proportion to the support obligation of each parent. The parent that has primary physical custody of the child is responsible for the first two hundred fifty dollars of health care costs each calendar year.

Source: SL 1989, ch 220, § 16; SL 1997, ch 154, § 9; SL 2009, ch 130, § 7; SL 2013, ch 119, § 1; SL 2018, ch 162, § 2; SL 2022, ch 81, § 6.
S.D. Codified Laws § 25-4A-3 — SD Code / Title 25 / Chapter 4A / Section 25-4A-3
Affirmative inquiry into contempt--Contemnor's rights
Status: in_force

At the hearing, the court shall affirmatively inquire into the matters of visitation and custody and enter any orders the court deems appropriate. The alleged contemnor has the right to remain silent and the right to counsel.

Source: SL 1994, ch 195, § 3.
S.D. Codified Laws § 25-9C-201 — SD Code / Title 25 / Chapter 9C / Section 25-9C-201
Bases for jurisdiction over nonresident
Status: in_force

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) The individual is personally served with notice within this state;

(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided with the child in this state;

(4) The individual resided in this state and provided prenatal expenses or support for the child;

(5) The child resides in this state as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) The individual asserted parentage of a child in the child support case registry maintained in this state by the Department of Social Services; or

(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of § 25-9C-611 are met, or, in the case of a foreign support order, unless the requirements of § 25-9C-615 are met.

Source: SL 2015, ch 148, § 201.
S.D. Codified Laws § 25-8-46 — SD Code / Title 25 / Chapter 8 / Section 25-8-46
Terminology used in records of children born out of wedlock
Status: in_force

In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child or to the child as being in the sole custody of the mother, and no explicit reference shall be made to illegitimacy, and the term natural shall be deemed equivalent to the term illegitimate when referring to parentage or birth out of wedlock.

Source: SDC 1939 & Supp 1960, § 37.2134.
S.D. Codified Laws § 25-7A-20 — SD Code / Title 25 / Chapter 7A / Section 25-7A-20
Enforcement of spousal support obligation
Status: in_force

The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being enforced by the department.

Source: SL 1986, ch 218, § 5; SL 2013, ch 119, § 9.
S.D. Codified Laws § 25-9C-318 — SD Code / Title 25 / Chapter 9C / Section 25-9C-318
Assistance with discovery
Status: in_force

A tribunal of this state may:

(1) Request a tribunal outside this state to assist in obtaining discovery; and

(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

Source: SL 2015, ch 148, § 318.
S.D. Codified Laws § 25-7-6.25 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.25
Form to request reimbursement of medical or health care costs--Small claims procedure
Status: in_force

The department shall create and distribute a standardized form to allow a parent, guardian, or other custodian to request reimbursement of any medical or health care costs from the responsible parent.

A parent, guardian, or custodian may use the small claims procedure of chapter 15-39 as a means to collect unreimbursed medical or health care costs from the responsible parent.

If paternity has been determined pursuant to chapter 25-8 , a mother may use the small claims procedure of chapter 15-39 as a means to collect reasonable expenses as provided in § 25-8 -3.

Source: SL 2005, ch 134, § 12; SL 2023, ch 84, § 5.
S.D. Codified Laws § 25-6-4.1 — SD Code / Title 25 / Chapter 6 / Section 25-6-4.1
Compelling, coercing, or forcing adoption as felony
Status: in_force

It shall be unlawful to compel, coerce, or force by any means, any person to release, sell, place, relinquish, or give up for adoption any minor child. A violation of this section shall be a Class 6 felony.

Source: SL 1977, ch 205, § 2.
S.D. Codified Laws § 25-8-62 — SD Code / Title 25 / Chapter 8 / Section 25-8-62
Admissible medical billing evidence--Proceedings to compel support
Status: in_force

In any action to establish paternity, or a proceeding to compel support, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , medical bills related to a mother's pregnancy and prenatal care, labor and delivery, postpartum recovery, and medical complications arising from pregnancy, and genetic testing bills, are admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred.

Source: SL 1997, ch 155, § 36; SL 2023, ch 84, § 4.
S.D. Codified Laws § 25-7A-14 — SD Code / Title 25 / Chapter 7A / Section 25-7A-14
Interest on support debt or judgment
Status: in_force

The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in § 54-3-16 .

Source: SL 1982, ch 196, § 14; SL 1986, ch 218, § 16.
S.D. Codified Laws § 25-9C-601 — SD Code / Title 25 / Chapter 9C / Section 25-9C-601
Registration of order for enforcement
Status: in_force

A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

Source: SL 2015, ch 148, § 601.
S.D. Codified Laws § 25-4B-403 — SD Code / Title 25 / Chapter 4B / Section 25-4B-403
Visitation before termination of temporary grant of custodial responsibility
Status: in_force

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Articles 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.

Source: SL 2014, ch 123, § 26.
S.D. Codified Laws § 25-9C-903 — SD Code / Title 25 / Chapter 9C / Section 25-9C-903
Severability
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source: SL 2015, ch 148, § 903.
S.D. Codified Laws § 25-8-53 — SD Code / Title 25 / Chapter 8 / Section 25-8-53
Reimbursement of reasonable costs for affidavit of paternity
Status: in_force

The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26 , the amount of reasonable costs, which may not exceed the amount for which federal financial participation is available, and the procedures for claiming such reimbursement from the department.

Source: SL 1994, ch 204, § 4.
S.D. Codified Laws § 25-5A-5 — SD Code / Title 25 / Chapter 5A / Section 25-5A-5
Circuit court jurisdiction--Venue
Status: in_force

The circuit court shall have jurisdiction of proceedings under this chapter to terminate parental rights. A petition for voluntary termination of parental rights may be filed in the circuit court for any of the following counties:

(1) The county in which the petitioner resides;

(2) The county of the location of the authorized agency having care, custody, or control, whether legal or physical, of the child involved;

(3) The county in which the child involved resides or is present.

Source: SL 1971, ch 165, § 2.
S.D. Codified Laws § 25-9C-210 — SD Code / Title 25 / Chapter 9C / Section 25-9C-210
Application to nonresident subject to personal jurisdiction
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding pursuant to this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to § 25-9C-316 , communicate with a tribunal outside this state pursuant to § 25-9C-317 , and obtain discovery through a tribunal outside this state pursuant to § 25-9C-318 . In all other respects, Articles 3 to 6, inclusive, do not apply, and the tribunal shall apply the procedural and substantive law of this state.

Source: SL 2015, ch 148, § 210.
S.D. Codified Laws § 25-4A-31 — SD Code / Title 25 / Chapter 4A / Section 25-4A-31
Commission on Parenting Time Guidelines--Hearings--Scope of review
Status: in_force

The Commission shall hold at least three public hearings on three separate occasions prior to the submission of the report. In addition to public testimony, the Commission may receive and review other information deemed necessary in preparation of its report and recommendations.

Source: SL 2021, ch 250 (Supreme Court Rule 20-04), eff. Aug. 26, 2020.
S.D. Codified Laws § 25-9C-309 — SD Code / Title 25 / Chapter 9C / Section 25-9C-309
Private counsel
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

Source: SL 2015, ch 148, § 309.
S.D. Codified Laws § 25-3-1 — SD Code / Title 25 / Chapter 3 / Section 25-3-1
Former marriage as ground--Party bringing action--Time of action
Status: in_force

A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by either party during the life of the other, or by such former husband or wife.

Source: SDC 1939, §§ 14.0601 (2), 14.0602 (2).
S.D. Codified Laws § 25-7A-21 — SD Code / Title 25 / Chapter 7A / Section 25-7A-21
Judgment for arrearage due obligee in absence of court order
Status: in_force

The secretary of social services may, in the absence of a court order, initiate an action pursuant to the provisions of this chapter to establish a current monthly child support obligation and obtain a judgment for arrearage which is due to an obligee who is not receiving public assistance, but who has applied for support enforcement services, or upon request of the Title IV-D agency of another state for support enforcement services.

Source: SL 1986, ch 218, § 20; SL 1989, ch 175, § 7.
S.D. Codified Laws § 25-7A-21.1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-21.1
Order establishment case--Limitation on prior-period support obligations or arrearages
Status: in_force

In any order establishment case, the custodian is limited to a prior-period support obligation or arrearage not exceeding three years before either the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, return receipt requested, upon the noncustodial parent at the noncustodial parent's last known address, whichever occurs earlier.

Source: SL 2005, ch 134, § 9; SL 2013, ch 119, § 10.
S.D. Codified Laws § 25-4-23 — SD Code / Title 25 / Chapter 4 / Section 25-4-23
Condonation not implied by endurance of continuing conduct constituting ground for divorce
Status: in_force

Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill - treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement to condone. In such cases, condonation can be made only after the cause of divorce has become complete, as to the acts complained of.

Source: SDC 1939, § 14.0716.
S.D. Codified Laws § 25-4-64 — SD Code / Title 25 / Chapter 4 / Section 25-4-64
Parenting coordinator appointment at party request or on court's own motion
Status: in_force

At the request of either party, or on the court's own motion, a parenting coordinator may be appointed in any custody or visitation proceeding. The parties may agree to use a parenting coordinator, subject to approval by the court, or the court may designate a parenting coordinator for the parties.

Source: SL 2013, ch 268, § 1 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-4B-205 — SD Code / Title 25 / Chapter 4B / Section 25-4B-205
Filing agreement or power of attorney with court
Status: in_force

An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power.

Source: SL 2014, ch 123, § 12.
S.D. Codified Laws § 25-4-45 — SD Code / Title 25 / Chapter 4 / Section 25-4-45
Child custody provisions--Modification--Preference of child
Status: in_force

In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question. As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody.

Source: SDC 1939, § 14.0724; SL 1994, ch 192.
S.D. Codified Laws § 25-10-12.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-12.1
Enforcement of foreign protection orders--Requirements
Status: in_force

Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if the order was issued by a court in this state if all of the following requirements are satisfied:

(1) The respondent received notice of the order in compliance with requirements of the issuing jurisdiction;

(2) The order is in effect in the issuing jurisdiction;

(3) The issuing court had jurisdiction over the parties and the subject matter;

(4) The respondent is or has been afforded reasonable notice and opportunity to be heard sufficient to protect that person's right to due process in the issuing jurisdiction. In the case of ex parte orders, notice and opportunity to be heard is or has been provided within the time required by the law of the issuing jurisdiction; and, in any event, within a reasonable time after the order was issued, sufficient to protect the respondent's due process rights;

(5) If the order also provides protection for the respondent, a petition, application, or other written pleading was filed with the issuing court seeking such an order and the issuing court made specific findings that the respondent was entitled to the order; and

(6) The prohibited conduct violative of the foreign protection order could be prohibited by a protection order if issued in this state.

Any protection order meeting the requirements of this section is a foreign domestic abuse protection order or a foreign stalking or physical violence protection order.

Source: SL 2003, ch 148, § 1; SL 2006, ch 141, § 1; SL 2014, ch 127, § 1.
S.D. Codified Laws § 25-6-23 — SD Code / Title 25 / Chapter 6 / Section 25-6-23
Medical and social history form filed in adoption of abused or neglected child--Availability to adoptive parents and adoptee--Failure to comply
Status: in_force

When a child is adjudicated to be abused or neglected and a court enters a decree terminating parental rights, the parent shall complete a medical and social history form which shall be supplied by the Department of Social Services. When completed such form shall be filed with the court of the state where the adoption proceedings shall take place. A copy of the medical history portion of the completed form shall be made available to the adoptive parent prior to finalization of the adoption and to the adoptee upon reaching the age of eighteen years upon written request and proper proof of identification. No involuntary termination of parental rights heretofore or hereafter entered by any circuit court is void or inoperative due to failure to comply with this section.

Source: SL 1994, ch 196, § 3.
S.D. Codified Laws § 25-7-6.11 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.11
Periodic adjustments in support
Status: in_force

The court setting the support shall have the authority to require periodic adjustments in the support.

Source: SL 1989, ch 220, § 11.
S.D. Codified Laws § 25-7A-31 — SD Code / Title 25 / Chapter 7A / Section 25-7A-31
Order for withholding--Contents
Status: in_force

The order for withholding shall direct any payor to withhold:

(1) An amount equal to the order for support; and

(2) An additional amount not less than ten percent of the order for support, until payment in full of any delinquency.

Source: SL 1986, ch 218, § 30.
S.D. Codified Laws § 25-4-22 — SD Code / Title 25 / Chapter 4 / Section 25-4-22
Condonation defined--Required elements
Status: in_force

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce.

The following requirements are necessary to condonation:

(1) A knowledge on the part of the condoner of the facts constituting the cause of divorce;

(2) Reconciliation and remission of the offense by the injured party;

(3) Restoration of the offending party to all marital rights.

Source: SDC 1939, § 14.0716.
S.D. Codified Laws § 25-4A-20 — SD Code / Title 25 / Chapter 4A / Section 25-4A-20
Presumption that granting custody or visitation rights to person causing conception by rape or incest not in best interest of child
Status: in_force

There shall be a rebuttable presumption that it is not in the best interest of the child for the court to place the child in the custody of or to grant visitation rights to a person that the court has found by a standard of clear and convincing evidence to have committed an act of rape or incest against the other parent that resulted in the conception of the child. The court may revoke visitation rights upon such a finding.

Source: SL 2006, ch 139, § 2; SL 2019, ch 121, § 1.
S.D. Codified Laws § 25-6-9.2 — SD Code / Title 25 / Chapter 6 / Section 25-6-9.2
Effective date
Status: in_force

The provisions of §§ 25-6-9.1 and 25-6-15 apply to any child placement made after July 1, 1986.

Source: SL 1986, ch 214, § 4.
S.D. Codified Laws § 25-9C-401 — SD Code / Title 25 / Chapter 9C / Section 25-9C-401
Establishment of support order
Status: in_force

(a) If a support order entitled to recognition pursuant to this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 25-9C-305 .

Source: SL 2015, ch 148, § 401.
S.D. Codified Laws § 25-9C-502 — SD Code / Title 25 / Chapter 9C / Section 25-9C-502
Employer's compliance with income withholding order of another state
Status: in_force

(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(c) Except as otherwise provided in subsection (d) and § 25-9C-503 , the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(1) The duration and amount of periodic payments of current child support, stated as a sum certain;

(2) The person designated to receive payments and the address to which the payments are to be forwarded;

(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) The employer's fee for processing an income withholding order;

(2) The maximum amount permitted to be withheld from the obligor's income; and

(3) The times within which the employer must implement the withholding order and forward the child support payment.

Source: SL 2015, ch 148, § 502.
S.D. Codified Laws § 25-4A-24 — SD Code / Title 25 / Chapter 4A / Section 25-4A-24
Factors for consideration on request for joint physical custody
Status: in_force

In considering a contested request for joint physical custody, in addition to the traditional factors for determining the best interests of a child, the court shall consider the following factors:

(1) Whether each parent is a suitable physical custodian for the child;

(2) Whether each parent has an appropriate dwelling to support physical custody of the child;

(3) Whether the psychological and emotional needs and the development of the child will suffer due to lack of active contact with, and attention from, both parents if joint physical custody is not granted;

(4) Whether one parent has denied, without just cause, the child the opportunity for continuing contact with the other parent. Facts supporting an application of the presumption in § 25-4-45.5 constitute just cause;

(5) Whether the parents can show mutual respect for and effectively communicate with each other regarding the child's needs. When considering this factor, the court shall include a determination of the degree to which the parents are in general agreement about their approach to daily child rearing matters;

(6) The extent to which both parents actively care for the child;

(7) Whether each parent can support the other parent's relationship with the child. When considering this factor, the court shall include a determination of conflict between the parents, as joint physical custody requires substantial and regular interaction between the parents on a myriad of issues;

(8) Whether the joint physical custody arrangement is in accord with the child's wishes or whether the child has strong opposition to joint physical custody, taking into consideration the child's age, maturity, and reason for the objection;

(9) Whether a parent has intentionally alienated or interfered with the other parent's relationship with the child;

(10) Whether one or both parents are opposed to joint physical custody. A parent's opposition to joint physical custody is not determinative in itself, but only one factor for the court to consider;

(11) The geographic proximity of the parents;

(12) Whether the safety of the child, other children, or the other parent will be jeopardized by an award of joint physical custody;

(13) Whether a parent allows another person custody or control of, or unsupervised access to, a child after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 22-24B ;

(14) Whether a parent has attempted to influence a custody determination by alleging, falsely or without good cause, that the child or the sibling of the child has been subjected to physical or sexual abuse or abuse and neglect, as set forth in § 25-4-45.8 ;

(15) Whether a parent is physically and mentally capable of providing temporal, mental, and moral wellness for the child;

(16) Whether a parent has the capacity and disposition to provide the child with protection, food, clothing, medical care, and other basic needs;

(17) Whether a parent is willing and capable to provide the child love, affection, guidance, and education in order to impart the family's religion or creed;

(18) Whether a parent is committed to prepare the child for responsible adulthood, as well as to ensure that the child experiences a fulfilling childhood;

(19) Whether a parent provides exemplary modeling so that the child witnesses firsthand what it means to be a good parent, a loving spouse, and a responsible citizen;

(20) Whether a parent provides a stable and consistent home environment including the relationship and interaction of the child with the parents, stepparents, siblings, and extended families;

(21) The extent of the child's adjustment in regards to home, school, and community;

(22) Whether a break in attachment with the parent whom the child has formed a closer attachment would cause detriment due to the break in continuity for the child; and

(23) Whether a parent is guilty of misconduct that may have a harmful effect on the child.

Source: SL 2014, ch 122, § 4; SL 2018, ch 157, § 1.
S.D. Codified Laws § 25-7-12 — SD Code / Title 25 / Chapter 7 / Section 25-7-12
Allowances to parent out of child's property
Status: in_force

The circuit court may direct an allowance to be made to a parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit.

Source: SDC 1939, § 14.0314.
S.D. Codified Laws § 25-4A-25 — SD Code / Title 25 / Chapter 4A / Section 25-4A-25
Parental agreement for joint physical custody
Status: in_force

If both parents agree to joint physical custody of a child, the court is not required to consider the factors set forth in § 25-4A-24 .

Source: SL 2014, ch 122, § 5.
S.D. Codified Laws § 25-4-3 — SD Code / Title 25 / Chapter 4 / Section 25-4-3
Adultery defined
Status: in_force

Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.

The effective date of this section is July 1, 1984.

Source: SDC 1939, § 14.0704; repealed SL 1976, ch 158, § 22-8 ; re - enacted SL 1984, ch 12, § 38; SL 1985, ch 15, § 36.
S.D. Codified Laws § 25-4-54 — SD Code / Title 25 / Chapter 4 / Section 25-4-54
Visitation rights of grandparents--Child placed for adoption
Status: in_force

The provisions of §§ 25-4-52 to 25-4-54 , inclusive, do not apply if the child has been placed for adoption with a person other than the child's stepparent or grandparent. Any grandparent visitation rights granted pursuant to §§ 25-4-52 to 25-4-54 , inclusive, prior to placement for adoption of the child with persons other than the child's stepparent or grandparent shall terminate upon the placement of the child for adoption.

Source: SL 1982, ch 191, § 3.
S.D. Codified Laws § 25-10-8 — SD Code / Title 25 / Chapter 10 / Section 25-10-8
Security not required of petitioner--Exception
Status: in_force

The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances.

Source: SL 1981, ch 198, § 8.
S.D. Codified Laws § 25-4-56 — SD Code / Title 25 / Chapter 4 / Section 25-4-56
Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs
Status: in_force

In any custody or visitation dispute between parents, the court shall order mediation to assist the parties in formulating or modifying a plan, or in implementing a plan, for custody or visitation and shall allocate the cost of the mediation between the parties. However, mediation shall not be ordered if:

(1) One of the parents has been convicted of domestic abuse as defined in subdivision 25-10-1(1); or

(2) One of the parents has been convicted of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or

(3) One of the parents has a history of domestic abuse; or

(4) Mediation is not readily available or the court determines that mediation is not appropriate based on the facts and circumstances of the case.

Source: SL 1989, ch 218; SDCL Supp, § 26-5A-31; SL 1994, ch 193; SL 2008, ch 123, § 1.
S.D. Codified Laws § 25-6-15.1 — SD Code / Title 25 / Chapter 6 / Section 25-6-15.1
Confidentiality of records
Status: in_force

All papers, records, and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with §§ 25-6-15 to 25-6-15.3 , inclusive.

Source: SL 1985, ch 208, § 1.
S.D. Codified Laws § 25-8-7 — SD Code / Title 25 / Chapter 8 / Section 25-8-7
Proceedings to determine paternity or compel support--Civil action and procedure--Remedies authorized
Status: in_force

An action to determine paternity or proceedings to compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may be available on principles of law or equity.

Upon determining paternity of a child, the court shall give judgment declaring the paternity of the father to the child. The court may award a money judgment to the appropriate party for the recovery of any of the following reasonable expenses:

(1) Those provided in § 25-8-3 ;

(2) For the education, support, or funeral expenses for the child; or

(3) For any other expenses with respect to the child as the court deems reasonable.

The court shall enter an order for the support and custody of the child. The court may require the person ordered to pay support to give reasonable security for providing the support. The court may modify or vacate any order issued pursuant to this section at any time.

Source: SDC 1939 & Supp 1960, § 37.2106; SL 1984, ch 190, § 7; SL 1988, ch 204; SL 2023, ch 84, § 2.
S.D. Codified Laws § 25-5A-11 — SD Code / Title 25 / Chapter 5A / Section 25-5A-11
Service of notice in person or by publication--Time of service
Status: in_force

A notice required pursuant to § 25-5A-9 , may be served by any person authorized by the laws of this state to serve a summons in a civil action. Such notice shall be personally served upon every person required to be served if such person resides within the state and may be served upon such person, if without the state, by like personal service or by publication as provided in § 25-5A-12 . Such service, whether personally or by publication, shall be made at least five days prior to the time for hearing.

Source: SL 1971, ch 165, § 6 (6); SL 1973, ch 164, § 1.
S.D. Codified Laws § 25-7-8 — SD Code / Title 25 / Chapter 7 / Section 25-7-8
Stepparent's duty to support spouse's children
Status: in_force

A stepparent shall maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education suitable to his circumstances, but such responsibility shall not absolve the natural or adoptive parents of the children from any obligation of support.

Source: SDC 1939, § 14.0311; SL 1971, ch 164; SL 1980, ch 190.
S.D. Codified Laws § 25-10-3 — SD Code / Title 25 / Chapter 10 / Section 25-10-3
Petition for protection order--Procedure--Standard petition form
Status: in_force

There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows:

(1) A petition under this section may be made by any person in a relationship described in § 25-10-3.1 against any other person in such a relationship;

(2) A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse; and

(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.

The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner.

Source: SL 1981, ch 198, § 3; SL 1987, ch 195, § 1; SL 2002, ch 129, § 1; SL 2014, ch 124, § 1; SL 2014, ch 125, § 4.
S.D. Codified Laws § 25-9C-701 — SD Code / Title 25 / Chapter 9C / Section 25-9C-701
Definitions
Status: in_force

Terms used in this Article mean:

(1) "Application," a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;

(2) "Central authority," the entity designated by the United States or a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;

(3) "Convention support order," a support order of a tribunal of a foreign country described in subsection 25-9C-102(5)(d);

(4) "Direct request," a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States;

(5) "Foreign central authority," the entity designated by a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;

(6) "Foreign support agreement,":

(a) An agreement for support in a record that:

(i) Is enforceable as a support order in the country of origin;

(ii) Has been:

(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(II) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) May be reviewed and modified by a foreign tribunal; and

(b) Includes a maintenance arrangement or authentic instrument under the Convention;

(7) "United States central authority," the Secretary of the United States Department of Health and Human Services.

Source: SL 2015, ch 148, § 701.
S.D. Codified Laws § 25-7-6.21 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.21
Credit on monthly support obligation for social security or veteran's dependent benefits
Status: in_force

If the child receives social security or veteran's dependent benefits as a result of the obligor's disability, or social security retirement benefits from the obligor, the obligor is entitled to a credit to the amount of the monthly support obligation.

Source: SL 2005, ch 134, § 1.
S.D. Codified Laws § 25-7-16 — SD Code / Title 25 / Chapter 7 / Section 25-7-16
Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment
Status: in_force

A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor. If a parent, during a violation, leaves the state and is absent for more than thirty days, the person is guilty of a Class 6 felony. If a child is under treatment solely by spiritual means, the court may, as provided under § 26-8A-22 , order that medical treatment be provided for the child. For the purposes of this section, unemployment without justifiable excuse or without verifiability of searching for employment is not a lawful excuse for noncompliance.

Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1977, ch 189, § 95; SL 1981, ch 196; SL 1990, ch 170, § 3; SL 1991, ch 217, § 170; SL 1994, ch 201.
S.D. Codified Laws § 25-7A-56.10 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.10
Withholding from reemployment assistance benefits
Status: in_force

Upon receiving notice from the Department of Social Services that a person owes child support, the Department of Labor and Regulation shall immediately withhold funds from the person's state reemployment assistance benefits and forward the withheld amounts to the Department of Social Services. The Department of Labor and Regulation shall withhold the amount as designated by the Department of Social Services except that the amount actually withheld may not be in excess of fifty percent of the person's benefits. The person shall also be notified that the person may contest the withholding by filing a written request for administrative review with the Department of Social Services in accordance with § 25-7A-26 .

Source: SL 1997, ch 155, § 29; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2019, ch 216, § 32.
S.D. Codified Laws § 25-7-38 — SD Code / Title 25 / Chapter 7 / Section 25-7-38
Late fee for certain chronically delinquent child support payments
Status: in_force

An obligor found to be chronically delinquent in child support payments or installments as required under an order for support, as defined in § 25-7A-1 , is subject to a late payment fee equal to ten percent of the ordered child support or fifty dollars, whichever is greater, for each month in the preceding twelve months that the payment was ten or more days delinquent or the payment was less than ninety percent of the ordered child support. Any obligee seeking the late payment fee shall file in the office of the clerk of courts of the county in which the order was filed, or in a county in which a transcript of the order is filed and docketed, a petition showing the date of receipt of each month of delinquent payment, the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the petition to the obligor. The service of such notice shall be deemed complete when proof of the service is filed with the court. The obligor has ten days from service to object to the imposition of a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as practical. The obligor has the burden of showing an inability to timely pay child support payments or installments as required under an order of support. Based upon the evidence presented at the hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems appropriate.

Source: SL 2009, ch 135, § 2.
S.D. Codified Laws § 25-1-29 — SD Code / Title 25 / Chapter 1 / Section 25-1-29
Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated
Status: in_force

Marriage must be solemnized, authenticated, and recorded as provided in this chapter provided, however, that noncompliance with its provisions does not invalidate any lawful marriage consented to and subsequently consummated prior to July 1, 1959.

Source: SDC 1939, § 14.0110; SL 1959, ch 50, § 2.
S.D. Codified Laws § 25-7-7.5 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.5
Filing of sworn statement or certificate of unpaid support due--Effective date of judgment
Status: in_force

In order to preserve such judgment against subsequent mortgages, purchasers, or judgment creditors for value and without actual notice of the lien on any property situated in a county, the support obligee or the secretary of the Department of Social Services may give notice of the judgment by filing in the office of the clerk of courts of the county in which the order for support is filed, or in any county in which a transcript of the order is filed and docketed, a sworn statement or certificate showing the amount of unpaid support due under the order. The clerk of courts shall file and docket the statement or certificate with the order for support or transcript thereof, as evidence of the amount of the judgment for support, as provided in chapter 15-16 . The judgment shall be effective from the date and time of docketing the statement or certificate in the office of the clerk of courts.

Source: SL 1987, ch 191, § 2.
S.D. Codified Laws § 25-4-12 — SD Code / Title 25 / Chapter 4 / Section 25-4-12
Intent to desert formed during proper absence
Status: in_force

Absence or separation proper in itself becomes a desertion whenever the intent to desert is fixed during such absence or separation.

Source: SDC 1939, § 14.0709 (5).
S.D. Codified Laws § 25-2-8 — SD Code / Title 25 / Chapter 2 / Section 25-2-8
Conveyance of spouse's separate property
Status: in_force

A person may without the consent of his or her spouse convey his or her separate property.

Source: SDC 1939, § 14.0204; SL 1984, ch 12, § 42.
S.D. Codified Laws § 25-10-36 — SD Code / Title 25 / Chapter 10 / Section 25-10-36
Arrest of criminal suspect when responding to domestic abuse call
Status: in_force

If any law enforcement officer who is responding to a domestic abuse call has probable cause to believe that a crime has been committed, the law enforcement officer shall arrest the person who is suspected of committing the crime and make a complete report of any action taken. The officer shall indicate on the arrest report and the fingerprint document if the arrest is for a crime against a person in a relationship described in § 25-10-3.1 .

Source: SL 1989, ch 208, § 1; SL 2000, ch 111, § 1; SDCL § 23A-3-21 ; SL 2002, ch 19, § 1; SL 2014, ch 125, § 7.
S.D. Codified Laws § 25-4-45.8 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.8
Consideration of reporting abuse falsely or without good cause in custody award
Status: in_force

In determining what is in the best interest of any particular child, the court shall consider whether the person whose conduct is under review has ever attempted to influence a child custody hearing by, falsely or without good cause, reporting pursuant to chapter 26-8A that some other person has committed sexual abuse, physical abuse, or abuse and neglect against the child or a sibling of the child. Nothing in this section effects the confidentiality of records and files relating to reports of child abuse or neglect maintained by the Department of Social Services pursuant to chapter 26-8A .

Source: SL 2010, ch 137, § 1.
S.D. Codified Laws § 25-7-5 — SD Code / Title 25 / Chapter 7 / Section 25-7-5
Duty to support spouse
Status: in_force

A person shall support his or her spouse, when the spouse has not deserted him or her, out of his or her separate property, when the spouse has no separate property and the spouse is unable from infirmity to support himself or herself.

Source: SDC 1939, § 14.0209; SL 1984, ch 12, § 50.
S.D. Codified Laws § 25-7A-35 — SD Code / Title 25 / Chapter 7A / Section 25-7A-35
Compliance by payor where multiple orders for withholding or multiple obligors
Status: in_force

Any payor who is served with more than one order for withholding against an obligor shall comply with all orders to the extent that the total amount withheld from income does not exceed the maximum amount permitted under § 25-7A-32 , giving priority in withholding to an order for current support.

A payor may combine amounts withheld from income of several different obligors in a single payment to the department identifying the portion attributable to each obligor.

Source: SL 1986, ch 218, § 34.
S.D. Codified Laws § 25-4B-102 — SD Code / Title 25 / Chapter 4B / Section 25-4B-102
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Adult," an individual who has attained eighteen years of age or an emancipated minor;

(2) "Caretaking authority," the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation;

(3) "Child,":

(a) An unemancipated individual who has not attained eighteen years of age; or

(b) An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility;

(4) "Court," a tribunal, including an administrative agency, authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility;

(5) "Custodial responsibility," includes all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;

(6) "Decision-making authority," the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority;

(7) "Deploying parent," a servicemember, who is deployed or has been notified of impending deployment and is:

(a) A parent of a child under law of this state other than this chapter; or

(b) An individual who has custodial responsibility for a child under law of this state other than this chapter;

(8) "Deployment," the movement or mobilization of a servicemember for more than ninety days but less than eighteen months pursuant to uniformed service orders that:

(a) Are designated as unaccompanied;

(b) Do not authorize dependent travel; or

(c) Otherwise do not permit the movement of family members to the location to which the servicemember is deployed;

(9) "Family member," a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter;

(10) "Limited contact," the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child;

(11) "Nonparent," an individual other than a deploying parent or other parent;

(12) "Other parent," an individual who, in common with a deploying parent, is:

(a) A parent of a child under law of this state other than this chapter; or

(b) An individual who has custodial responsibility for a child under law of this state other than this chapter;

(13) "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(14) "Return from deployment," the conclusion of a servicemember's deployment as specified in uniformed service orders;

(15) "Servicemember," a member of a uniformed service;

(16) "Sign," with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound, or process;

(17) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(18) "Uniformed service,":

(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(b) The United States Merchant Marine;

(c) The commissioned corps of the United States Public Health Service;

(d) The commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(e) The National Guard of a state.

Source: SL 2014, ch 123, § 2.
S.D. Codified Laws § 25-4-33.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-33.1
Automatic temporary restraining order upon service
Status: in_force

Upon the filing of a summons and complaint for divorce or separate maintenance by the plaintiff, and upon personal service of the summons and complaint on the defendant, a temporary restraining order shall be in effect against both parties until the final decree is entered, the complaint dismissed, or until further order of the court:

(1) Restraining both parties from transferring, encumbering, concealing, or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an order of the court, except as may be necessary in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the temporary restraining order is in effect;

(2) Restraining both parties from molesting or disturbing the peace of the other party;

(3) Restraining both parties from removing any minor child of the parties from the state without the written consent of the other party or an order of the court; and

(4) Restraining both parties from making any changes to any insurance coverage for the parties or any child of the parties without the written consent of the other party or an order of the court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.

The provisions of the temporary restraining order shall be printed upon the summons and shall become an order of the court upon fulfillment of the requirements of service. However, nothing in this section precludes either party from applying to the court for any further relief or for the modification or revocation of any order.

Source: SL 1986, ch 212; SL 2011, ch 130, § 1.
S.D. Codified Laws § 25-5-34 — SD Code / Title 25 / Chapter 5 / Section 25-5-34
Applicability of §§25-5-29to25-5-34
Status: in_force

It is the express legislative intent that §§ 25-5-29 to 25-5-34 , inclusive, apply to all pending matters involving disputed custody of a child between a parent and a person other than a parent meeting the standing provisions of § 25-5-29 , and all subsequent custody disputes involving a person other than a parent.

Source: SL 2002, ch 126, § 6.
S.D. Codified Laws § 25-7-13 — SD Code / Title 25 / Chapter 7 / Section 25-7-13
Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment
Status: in_force

In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary for a period of one year or more, or become mentally ill and be committed to the South Dakota Human Services Center, and the husband or wife of such person so imprisoned, mentally ill, or guilty of abandonment be without means of support, the circuit court for the county in which such husband or wife resides, upon application duly verified and supported by such evidence as the court deems sufficient, may, by order or decree, authorize and direct the applicant or some other suitable person to manage, control, sell, or encumber the property of such imprisoned, mentally ill, or offending person in order to make suitable provision for the support and maintenance of his or her husband or wife and minor children during the period of such abandonment, imprisonment, or mental illness. Notice of such application must be served in the same manner as the summons in civil actions and in case of appearance by the opposite party, trials and other proceedings may be had as in case of civil actions and all orders, judgments, and decrees entered shall have the same force and effect.

Source: SDC 1939, § 14.0205.
S.D. Codified Laws § 25-7A-58 — SD Code / Title 25 / Chapter 7A / Section 25-7A-58
Health insurance for dependent child
Status: in_force

If an order for support requires a parent of a dependent child to provide health insurance coverage for that child, any insurer subject to chapter 58-33 and who is engaged in the business of health insurance as well as any employer or union who provides family health insurance coverage to its employees or members, upon receiving written notice of such order and an application from either the noncustodial parent, custodial parent, or the department, or upon receiving a national medical support notice from any Title IV-D agency, is required to allow enrollment of such dependent child without regard to any applicable enrollment season restrictions and without being subject to underwriting restrictions or exclusionary riders. The insurer or plan administrator shall also complete the applicable sections of the national medical support notice within forty business days of the date of the notice and forward the notice to any person or entity specified in the notice. No insurer, employer, or union providing family health insurance benefit plans as set out in this section may eliminate or cancel the ordered medical support coverage for the dependent child unless it is provided evidence that:

(1) The original court or administrative order is no longer in effect;

(2) The dependent child is or will be enrolled in comparable health insurance coverage through another insurer or employer and which coverage will take effect not later than the effective date of the elimination or cancellation of the previous health insurance coverage;

(3) As an employer or union, and not a health insurer subject to the provisions of this section, who previously provided family health insurance benefit coverage to its employees or members, the employer or union has eliminated family health insurance coverage to all of its employees or members; or

(4) Any available continuation coverage is not elected, or the period of such coverage has expired.

Optional or supplementary coverages are not required to be included in the medical support health insurance coverage unless specifically required by the order for support. Any person or insurer who fails to comply with this section is, in addition to any other penalties permitted by law, subject to the enforcement and penalty provisions of Title 58.

Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.

Source: SL 1994, ch 387, § 16; SL 2002, ch 128, § 1.
S.D. Codified Laws § 25-5-16 — SD Code / Title 25 / Chapter 5 / Section 25-5-16
Judicial cognizance of parental abuses--Freeing child from parental dominion
Status: in_force

The abuse of parental authority is the subject of judicial cognizance in a civil action in the circuit court, brought by the child or by its relatives within the third degree, or by the officers of the poor where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent and the duty of support and education enforced.

Source: SDC 1939, § 14.0307.
S.D. Codified Laws § 25-9C-315 — SD Code / Title 25 / Chapter 9C / Section 25-9C-315
Nonparentage as defense
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding pursuant to this chapter.

Source: SL 2015, ch 148, § 315.
S.D. Codified Laws § 25-4A-4 — SD Code / Title 25 / Chapter 4A / Section 25-4A-4
Affirmative defense by contemnor
Status: in_force

An alleged contemnor may plead and prove that the movant voluntarily relinquished the actual care, control, and possession of the child for time encompassed by the court - ordered periods of possession. Such a relinquishment is an affirmative defense in whole or part to the order to show cause.

Source: SL 1994, ch 195, § 4.
S.D. Codified Laws § 25-4B-306 — SD Code / Title 25 / Chapter 4B / Section 25-4B-306
Grant of caretaking or decision-making authority to nonparent
Status: in_force

(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.

(b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:

(1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or

(2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

(c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.

Source: SL 2014, ch 123, § 18.
S.D. Codified Laws § 25-7A-56.7 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.7
Filing requirements
Status: in_force

Upon entry of an order for support, each party to any paternity or child support proceeding shall file with the appropriate tribunals as defined in § 25-9C-102 a written statement specifying the party's name, social security number, residential and mailing address, telephone number, driver's license number, and the name, address, and telephone number of any current employers. A tribunal may not accept for filing any order for support unless and until the written statement is provided by each party. The tribunal shall forward the written statement to the state case registry. If the required information is unavailable, the order for support may be filed with the tribunal providing the trial judge certifies in writing on the order that the required information is unavailable. Each party subject to an order for support shall also notify the appropriate tribunals of any changes to this information, as necessary.

In any subsequent child support enforcement or modification action between the parties, and upon sufficient showing that diligent efforts have been made to ascertain the location of a party, the tribunal shall deem due process requirements for notice and service of process satisfied by delivering written notice to the most recent residential or employer address on file with the tribunal.

Source: SL 1997, ch 155, § 26; SL 1998, ch 157, § 8; SL 2013, ch 119, § 11; SL 2015, ch 148, § 81.
S.D. Codified Laws § 25-4-45.2 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.2
Intervention by attorney general or state's attorney when support assigned to state
Status: in_force

In all cases where child support has been assigned to the state, the attorney general or the state's attorney shall have the right to intervene pursuant to § 15-6-24(a) in ongoing divorce actions to obtain child support, or to petition the court to modify existing court orders for child support.

Source: SDCL, § 25-4-45 as added by SL 1977, ch 203, § 2.
S.D. Codified Laws § 25-6A-11 — SD Code / Title 25 / Chapter 6A / Section 25-6A-11
Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules of procedure
Status: in_force

The Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state. The department shall reimburse the adoptive parents for such services or benefit amounts. However, there may be no reimbursement for services or benefit amounts covered under any insurance or other third - party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate rules pursuant to chapter 1-26 to require the necessary information and establish procedures necessary to implement this section. The rules shall include procedures to be followed in obtaining prior approvals for services in those instances when required for the assistance. The additional coverages and benefit amounts provided pursuant to this section shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state.

Source: SL 1990, ch 187, § 9.
S.D. Codified Laws § 25-7-7.4 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.4
Unpaid payment or installment of support as judgment
Status: in_force

Any payment or installment of support under an order for support, as defined by § 25-7A-1 , whether entered by a court or an administrative entity of this state or of any other state or jurisdiction, which is unpaid after the date it is due, is a judgment by operation of law, with the full force, effect, and attributes of a judgment of this state, including enforceability, and is entitled, as a judgment, to full faith and credit in this state.

Source: SL 1987, ch 191, § 1.
S.D. Codified Laws § 25-8-49 — SD Code / Title 25 / Chapter 8 / Section 25-8-49
Admission of paternity as prima facie evidence
Status: in_force

An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity.

Source: SL 1984, ch 190, § 48; SL 1994, ch 204, § 17.
S.D. Codified Laws § 25-1-11 — SD Code / Title 25 / Chapter 1 / Section 25-1-11
Issuance of license to unqualified persons prohibited
Status: in_force

Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid nor where the condition of either party is such as to disqualify him from making any other civil contract nor in any case where the marriage would be void under the provisions of §§ 25-1-6 to 25-1-8 , inclusive.

Source: SDC 1939, § 14.0112.
S.D. Codified Laws § 25-4A-10 — SD Code / Title 25 / Chapter 4A / Section 25-4A-10
Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules
Status: in_force

The South Dakota Supreme Court shall promulgate court rules establishing standard guidelines to be used statewide for minimum noncustodial parenting time in divorce or separate maintenance actions or any other custody action or proceeding. The minimum standard guidelines shall provide a framework for noncustodial parenting time including frequency and time for noncustodial parenting time; hours or days of noncustodial parenting time; definitions for weekends, holidays, birthdays, and other special occasions; and time periods for summer noncustodial parenting time.

In establishing the minimum standard guidelines, the court may consider varying ages and circumstances of children and treat varying ages and circumstances differently.

The Supreme Court shall establish rules pursuant to § 16-3-1 to provide for a public hearing process to review the minimum standard guidelines and to recommend any amendments deemed to be necessary.

Source: SL 2002, ch 125, § 2; SL 2008, ch 126, § 2; SL 2020, ch 105, § 1.
S.D. Codified Laws § 25-3-4 — SD Code / Title 25 / Chapter 3 / Section 25-3-4
Annulment of underage marriage--Party bringing action--Time of action
Status: in_force

A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent at the time of the marriage, and such marriage was contracted without the consent of his or her parents or guardian or person having charge of him or her, unless, after attaining the age of consent, such party for any time freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent, or by a parent, guardian, or other person having charge of such nonaged male or female, at any time before such married minor has arrived at the age of legal consent.

Source: SDC 1939, §§ 14.0601 (1), 14.0602 (1).
S.D. Codified Laws § 25-9C-506 — SD Code / Title 25 / Chapter 9C / Section 25-9C-506
Contest by obligor
Status: in_force

(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(b) The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) Each employer that has directly received an income withholding order relating to the obligor; and

(3) The person designated to receive payments in the income withholding order or, if no person is designated, to the obligee.

Source: SL 2015, ch 148, § 506.
S.D. Codified Laws § 25-5-28 — SD Code / Title 25 / Chapter 5 / Section 25-5-28
Declaration obtained by fraud voidable--Proceedings
Status: in_force

A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.

A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of such a proceeding and of any order declaring the declaration of emancipation to be void shall be consistent with the requirements of § 25-5-27 .

Source: SL 1991, ch 211, § 5.
S.D. Codified Laws § 25-5A-22 — SD Code / Title 25 / Chapter 5A / Section 25-5A-22
Counseling before termination of parental rights
Status: in_force

Any birthparent who plans to petition the court for the voluntary termination of parental rights shall obtain counseling regarding the termination from a licensed child - placement agency as defined in § 26-6-14 , the Department of Social Services, or either a certified social worker eligible to engage in private independent practice as defined in § 36-26-17 , a licensed counselor, or a licensed psychologist, each of whom must have at least two years of experience in adoption practice.

Source: SL 1994, ch 197, § 1.
S.D. Codified Laws § 25-4B-307 — SD Code / Title 25 / Chapter 4B / Section 25-4B-307
Grant of limited contact
Status: in_force

On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.

Source: SL 2014, ch 123, § 19.
S.D. Codified Laws § 25-6-11 — SD Code / Title 25 / Chapter 6 / Section 25-6-11
Notice to Department of Social Services--Recommendation of department--Appearance
Status: in_force

Upon the filing of a petition for the adoption of a minor child the petitioner therein shall notify the Department of Social Services, by mailing to the department a copy of the petition. The petitioner also shall notify the department of the date fixed for hearing the petition, or mail to the department a copy of the order fixing the date of the hearing. The department shall make a recommendation as to the desirability of the adoption. The department may appear in any procedure the same as the party in interest, and may request a postponement of hearing on the petition in the event more time is needed for its investigation. This section only applies to a child in the custody of the department.

Source: SL 1939, ch 168, § 10; SDC Supp 1960, § 55.3715; SL 1979, ch 167, § 2; SL 1979, ch 168; SL 2007, ch 156, § 2.
S.D. Codified Laws § 25-9C-602 — SD Code / Title 25 / Chapter 9C / Section 25-9C-602
Procedure to register order for enforcement
Status: in_force

(a) Except as otherwise provided in § 25-9C-706 , a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:

(1) A letter of transmittal to the tribunal requesting registration and enforcement;

(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) The name of the obligor and, if known:

(a) The obligor's address and social security number;

(b) The name and address of the obligor's employer and any other source of income of the obligor; and

(c) A description and the location of property of the obligor in this state not exempt from execution; and

(5) Except as otherwise provided in § 25-9C-312 , the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(d) If two or more orders are in effect, the person requesting registration shall:

(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(2) Specify the order alleged to be the controlling order, if any; and

(3) Specify the amount of consolidated arrears, if any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

Source: SL 2015, ch 148, § 602.
S.D. Codified Laws § 25-2-4 — SD Code / Title 25 / Chapter 2 / Section 25-2-4
Rights in separate property
Status: in_force

Neither husband nor wife has any interest in the property of the other, excepting their respective rights for support as specifically provided by law, and except that neither can be excluded from the other's dwelling.

Source: SDC 1939, § 14.0203.
S.D. Codified Laws § 25-5A-33 — SD Code / Title 25 / Chapter 5A / Section 25-5A-33
Surrender of newborn--Custody action by non-surrendering parent
Status: in_force

If one parent surrenders the newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , the non-surrendering parent may file an action for custody of the newborn. The non-surrendering parent shall file the action within thirty days after the provider or agency accepts physical custody of the newborn from the surrendering parent. In the action, the non-surrendering parent must prove by a preponderance of the evidence that:

(1) The non-surrendering parent is the parent of the newborn; and

(2) The non-surrendering parent did not consent to the surrender of the newborn to the provider or agency.

Source: SL 2001, ch 132, § 7; SL 2025, ch 107, § 8.
S.D. Codified Laws § 25-7-6.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.1
Obligation of parents to support child--Liability of absent parent--"Continued absence from the home"
Status: in_force

The parents of a child are jointly and severally obligated for the necessary maintenance, education, and support of the child in accordance with their respective means. Until established by a court order, the minimum child support obligation of a parent who fails to furnish maintenance, education, and support for his child, following a continued absence from the home, is the obligor's share of the amount shown in the support guidelines, commencing on the first day of the absence. For the purposes of this section, "continued absence from the home," means that the parent or child is physically absent from the home for a period of at least thirty consecutive days, and that the nature of the absence constitutes family dissociation because of a substantial severance of marital and family ties and responsibilities, resulting in the child losing or having a substantial reduction of physical care, communication, guidance, and support from the parent.

Source: SL 1989, ch 220, § 1; SL 1992, ch 182, § 1.
S.D. Codified Laws § 25-7A-18 — SD Code / Title 25 / Chapter 7A / Section 25-7A-18
Cooperation between public agencies
Status: in_force

The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing any other information necessary for the Department of Social Services to perform its functions under this chapter.

Source: SL 1982, ch 196, § 18.
S.D. Codified Laws § 25-5-7.4 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.4
Written applications to enroll child in activity or program to provide name and address of other parent
Status: in_force

If either parent enrolls the child in any social, beneficent, religious, or peer group activity, service, benefit, or program for which written application is required, the enrolling parent shall provide the name and address of the other parent on, or supplementary to, the application. The provisions of this section do not apply to any written application for any type of annuity or insurance.

Source: SL 2008, ch 129, § 2.
S.D. Codified Laws § 25-7A-42 — SD Code / Title 25 / Chapter 7A / Section 25-7A-42
Notice of new payor to department by obligee--Violation as misdemeanor
Status: in_force

Any obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this chapter shall notify the department of any new payor within seven days. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 218, § 41.
S.D. Codified Laws § 25-5A-27 — SD Code / Title 25 / Chapter 5A / Section 25-5A-27
Surrender of newborn to authorized entity--Requirements
Status: in_force

An emergency services provider or licensed child placement agency must accept physical custody of a newborn if:

(1) The newborn is voluntarily surrendered by the newborn's parent:

(a) To an agent of the provider or agency; or

(b) In a newborn safety device, as provided in § 25-5A-27.1 ; and

(2) The parent does not express an intent to return for the newborn.

Any provider or agency that accepts physical custody of a newborn pursuant to this section shall perform any act necessary to protect the physical health and safety of the newborn.

Source: SL 2001, ch 132, § 1; SL 2025, ch 107, § 1.
S.D. Codified Laws § 25-9C-101 — SD Code / Title 25 / Chapter 9C / Section 25-9C-101
Short title
Status: in_force

This chapter may be cited as the Uniform Interstate Family Support Act.

Source: SL 2015, ch 148, § 101.
S.D. Codified Laws § 25-9C-503 — SD Code / Title 25 / Chapter 9C / Section 25-9C-503
Employer's compliance with two or more income withholding orders
Status: in_force

If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.

Source: SL 2015, ch 148, § 503.
S.D. Codified Laws § 25-4A-11 — SD Code / Title 25 / Chapter 4A / Section 25-4A-11
Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors
Status: in_force

Upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of time in the twelve months preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who may be awarded custody at any hearing.

Source: SL 2002, ch 125, § 3; SL 2008, ch 127, § 1.
S.D. Codified Laws § 25-9C-604 — SD Code / Title 25 / Chapter 9C / Section 25-9C-604
Choice of law
Status: in_force

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

Source: SL 2015, ch 148, § 604.
S.D. Codified Laws § 25-7A-50 — SD Code / Title 25 / Chapter 7A / Section 25-7A-50
Notice to other state where obligor ceases to derive income within state
Status: in_force

The department shall notify the Title IV-D agency of the other state if the obligor ceases to derive income in this state, and provide the name and address of the obligor and of the new payor of income, if known.

Source: SL 1986, ch 218, § 50.
S.D. Codified Laws § 25-7A-39 — SD Code / Title 25 / Chapter 7A / Section 25-7A-39
Notice to payor
Status: in_force

The department shall serve on the payor, by certified mail, first class mail, or personal delivery, a copy of any order entered pursuant to this chapter that affects the duties of the payor.

Source: SL 1986, ch 218, § 38; SL 2002, ch 127, § 2.
S.D. Codified Laws § 25-4-33 — SD Code / Title 25 / Chapter 4 / Section 25-4-33
No presumption as to same domicile of parties--Separate domiciles after separation
Status: in_force

In actions for divorce there is no presumption of law that the domicile of either party is the domicile of the other. After separation each party may have a separate domicile, depending for proof upon actual residence, and not upon legal presumption.

Source: SDC 1939, § 14.0721.
S.D. Codified Laws § 25-7-6.5 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.5
Assets considered when income insufficient
Status: in_force

If a child's needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance, or other assets in amounts unrelated to income, these holdings shall be considered. The parents' ability to borrow may be used to determine financial ability.

Source: SL 1989, ch 220, § 5.
S.D. Codified Laws § 25-7A-3.3 — SD Code / Title 25 / Chapter 7A / Section 25-7A-3.3
State directory of new hires--Reporting requirements--Multistate employers--Use of information by department
Status: in_force

By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the state shall furnish to the directory of new hires a report of any newly hired employee which includes the name, address, and social security number of the employee, and the employer's name, address, and identification number as assigned by the Internal Revenue Service.

The report shall be transmitted by the employer to the state directory of new hires no later than twenty days after the date the employer hires the employee, or if the employer transmits the report magnetically or electronically, by two monthly transmissions, not less than twelve days nor more than sixteen days apart. Each report shall be made on a W-4 form or an equivalent form, and may be transmitted by first class mail, magnetically, or electronically. No report may be filed with respect to any employee of a state or local agency performing intelligence or counterintelligence functions, if the head of the agency has determined that filing of the report could endanger the safety of the employee or compromise an ongoing investigation or mission.

Multistate employers which have employees who are employed in two or more states and which transmit reports magnetically or electronically may comply with the requirements of this section by designating one state in which the employer will transmit the required report. Any multistate employer who elects to report in this manner shall notify the secretary of the Department of Health and Human Services in writing as to which state the employer will transmit the report.

The department shall use all information received from employers to locate any person for purposes of establishing paternity; establishing, modifying, or enforcing child support obligations; furnishing information to the national directory of new hires; verifying eligibility for the department's programs; and, shall provide state agencies operating employment security and workers' compensation programs with access to any information reported by employers. Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense. The Department of Social Services or the Department of Labor and Regulation, or both, may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.

Source: SL 1997, ch 155, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 25-5-8 — SD Code / Title 25 / Chapter 5 / Section 25-5-8
Father's rights not superior to mother's while separated
Status: in_force

The husband and father, as such, has no rights superior to those of the wife and mother in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other.

Source: SDC 1939, § 14.0305.
S.D. Codified Laws § 25-5A-12 — SD Code / Title 25 / Chapter 5A / Section 25-5A-12
Service by publication and mail
Status: in_force

If the court finds that personal service as provided in § 25-5A-11 cannot be accomplished, the court shall publish notice of the time, place, and purpose of the hearing as provided in § 26-7A-48 . The form and wording of notice shall be prescribed by the court.

Source: SL 1971, ch 165, § 6 (4); SL 1973, ch 164, § 2; SL 1991, ch 217, § 168.
S.D. Codified Laws § 25-4A-5 — SD Code / Title 25 / Chapter 4A / Section 25-4A-5
Sanctions for violation of custody or visitation decree
Status: in_force

If the court finds that any party has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to punish the offender or to compel the offender to comply with the terms of the custody or visitation decree.

The court may enter an order clarifying the rights and responsibilities of the parents and the court's order. The court may order one or more of the following sanctions:

(1) To require the offender to provide the other party with make up time with the child equal to the time missed with the child, due to the offender's noncompliance;

(2) To require the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance;

(3) To require the offender to pay a civil penalty of not more than the sum of one thousand dollars;

(4) To require the offender to participate satisfactorily in counseling or parent education classes;

(5) To require the offender to post bond or other security with the court conditional upon future compliance with the terms of the custody or visitation decree or any ancillary court order;

(6) To impose a jail sentence on the offender of not more than three days; or

(7) In the event of an aggravated violation or multiple violations, the court may modify the existing visitation or custody situation, or both of any minor child.

The provisions of this section do not prohibit the court from imposing any other sanction appropriate to the facts and circumstances of the case.

Source: SL 1994, ch 195, § 5; SL 2008, ch 125, § 1; SL 2018, ch 155, § 3.
S.D. Codified Laws § 25-4B-311 — SD Code / Title 25 / Chapter 4B / Section 25-4B-311
Modifying or terminating grant of custodial responsibility to nonparent
Status: in_force

(a) Except for an order under § 25-4B-305 , except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this Article and it is in the best interest of the child. A modification is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.

(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.

Source: SL 2014, ch 123, § 23.
S.D. Codified Laws § 25-7A-43 — SD Code / Title 25 / Chapter 7A / Section 25-7A-43
Notice of other support payments to department by obligee
Status: in_force

Any obligee shall provide notice to the department of any other support payment made, including but not limited to a set - off under federal and state law or partial payment of the delinquency.

Source: SL 1986, ch 218, § 42.