S.D. Codified Laws § 25-9C-901 — SD Code / Title 25 / Chapter 9C / Section 25-9C-901
Uniformity of application and construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2015, ch 148, § 901.
S.D. Codified Laws § 25-7-19 — SD Code / Title 25 / Chapter 7 / Section 25-7-19
Marital status and divorce decrees immaterial to criminal liability--Status of unborn child
Status: in_force

The provisions of §§ 25-7-16 to 25-7-20 , inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be deemed an existing person insofar as said sections are concerned.

Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1.
S.D. Codified Laws § 25-4-40 — SD Code / Title 25 / Chapter 4 / Section 25-4-40
Action for separate maintenance without divorce--Alimony and support
Status: in_force

An action for separate maintenance may be maintained without request for divorce, upon any grounds which would be grounds for divorce, and in such cases the court shall have power to award temporary alimony, suit money, and permanent support for a spouse and the children of the parties, or any of them, by the other spouse.

Source: SDC 1939, § 14.0727; SL 1979, ch 165, § 3.
S.D. Codified Laws § 25-7A-37 — SD Code / Title 25 / Chapter 7A / Section 25-7A-37
Withholding made without regard to other claims--Complete defense by payor to claims of obligor
Status: in_force

Withholding of income under this chapter shall be made without regard to any prior or subsequent legal process under state law, including garnishments, attachments, wage assignments, or any other claims of creditors. Payment as required by the order for withholding shall be a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum so paid. A payor who complies with an order for withholding of income that is regular on its face is not subject to civil liability to any individual or agency for any conduct which is in compliance with the order.

Source: SL 1986, ch 218, § 36; SL 1997, ch 155, § 16.
S.D. Codified Laws § 25-4-24 — SD Code / Title 25 / Chapter 4 / Section 25-4-24
Fraudulent concealment of ground of divorce avoiding condonation
Status: in_force

A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation.

Source: SDC 1939, § 14.0716.
S.D. Codified Laws § 25-7-4 — SD Code / Title 25 / Chapter 7 / Section 25-7-4
Failure to support spouse as felony
Status: in_force

Every person with sufficient ability to provide for his or her spouse's support, or who is able to earn the means of the spouse's support, who intentionally abandons and leaves his or her spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless, by the spouse's misconduct, he or she is justified in abandoning the spouse or failing to so provide is guilty of a Class 6 felony.

Source: SDC 1939, § 13.3205 as enacted by SL 1963, ch 56, § 1; SL 1984, ch 12, § 49.
S.D. Codified Laws § 25-4-45.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.1
Fault not considered in awarding property or child custody--Exceptions
Status: in_force

Fault shall not be taken into account with regard to the awarding of property or the awarding of child custody, except as it may be relevant to the acquisition of property during the marriage or to the fitness of either parent in awarding the custody of children.

Source: SL 1976, ch 165.
S.D. Codified Laws § 25-5A-6 — SD Code / Title 25 / Chapter 5A / Section 25-5A-6
Verified petition--Contents
Status: in_force

The petition for the voluntary termination of parental rights under this chapter shall be verified and contain the:

(1) Name and place of residence of the petitioner or petitioners;

(2) Name, sex, race, citizenship, and date of birth of the child;

(3) Relationship of the petitioner or petitioners to the child;

(4) Name, address, race, religion, and citizenship of the parent or parents of the child;

(5) Reasons for desiring the termination of parental rights;

(6) Name and address of the person or persons or of the authorized agency to whom or to which parental rights are sought to be transferred;

(7) Consent of the petitioner or petitioners to the termination of parental rights;

(8) Consent executed by the person or persons or authorized agency to whom or to which parental rights are to be transferred;

(9) Statement that no temporary assistance for needy families benefits were ever received on behalf of the minor child from the State of South Dakota or any other state.

Source: SL 1971, ch 165, § 5; SL 1973, ch 163, § 3; SL 1995, ch 143, § 3.
S.D. Codified Laws § 25-6A-14 — SD Code / Title 25 / Chapter 6A / Section 25-6A-14
Application of federal law
Status: in_force

Consistent with federal law, the Department of Social Services, in connection with the administration of this chapter or any compact entered into pursuant to § 25-6A-3 , shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.

Source: SL 1990, ch 187, § 12.
S.D. Codified Laws § 25-4-8 — SD Code / Title 25 / Chapter 4 / Section 25-4-8
Refusal of intercourse as desertion--Refusal to live together
Status: in_force

Persistent refusal to have reasonable matrimonial intercourse as husband and wife when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is no just cause for such refusal, is desertion.

Source: SDC 1939, § 14.0709 (1).
S.D. Codified Laws § 25-7A-16 — SD Code / Title 25 / Chapter 7A / Section 25-7A-16
Grounds for release of lien
Status: in_force

The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the obligor provides surety satisfactory to the secretary. The release or satisfaction does not operate to prevent future action to collect from the same or other property or income of the obligor.

Source: SL 1982, ch 196, § 16; SL 1986, ch 218, § 18.
S.D. Codified Laws § 25-9C-705 — SD Code / Title 25 / Chapter 9C / Section 25-9C-705
Direct request
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 25-9C-706 to 25-9C-713 , inclusive, apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.

(e) This Article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

Source: SL 2015, ch 148, § 705.
S.D. Codified Laws § 25-4-79 — SD Code / Title 25 / Chapter 4 / Section 25-4-79
Jurisdiction over motions for omitted assets when court of this state entered original decree
Status: in_force

Any court of this state that has entered an original decree of marital annulment, dissolution, or legal separation and determined the division of property has exclusive, continuing jurisdiction over the subsequent motions for omitted assets unless the court that entered the original decree determines a court of another state is a more convenient forum.

Source: SL 2013, ch 118, § 5.
S.D. Codified Laws § 25-4-59 — SD Code / Title 25 / Chapter 4 / Section 25-4-59
Privacy of mediation proceedings
Status: in_force

The mediator shall conduct the mediation proceedings in private. The mediator may exclude counsel from participation in the mediation proceedings.

Source: SL 1996, ch 163, § 3.
S.D. Codified Laws § 25-4-39 — SD Code / Title 25 / Chapter 4 / Section 25-4-39
Separate maintenance granted on denial of divorce
Status: in_force

Though judgment of divorce is denied, the court may in an action for divorce provide for maintenance of a spouse and the children of the parties, or any of them, by the other spouse.

Source: SDC 1939, § 14.0727; SL 1979, ch 165, § 2.
S.D. Codified Laws § 25-4-35 — SD Code / Title 25 / Chapter 4 / Section 25-4-35
Validity of proceedings on service by publication under prior law
Status: in_force

All actions or proceedings had before July 1, 1959, for divorce pursuant to chapter 179 of the Session Laws of 1957, and all actions or proceedings commenced pursuant thereto prior to said date, and completed thereafter by entry of judgment or decree therein, are hereby legalized, cured, and validated, notwithstanding that service of the summons therein was by publication or in any other manner provided by statute.

Source: SL 1959, ch 232, § 4; SDC Supp 1960, § 65.0341.
S.D. Codified Laws § 25-9C-607 — SD Code / Title 25 / Chapter 9C / Section 25-9C-607
Contest of registration or enforcement
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party;

(2) The order was obtained by fraud;

(3) The order has been vacated, suspended, or modified by a later order;

(4) The issuing tribunal has stayed the order pending appeal;

(5) There is a defense under the law of this state to the remedy sought;

(6) Full or partial payment has been made;

(7) The statute of limitation pursuant to § 25-9C-604 precludes enforcement of some or all of the alleged arrearages; or

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

Source: SL 2015, ch 148, § 607.
S.D. Codified Laws § 25-7A-45 — SD Code / Title 25 / Chapter 7A / Section 25-7A-45
Actions against payor by department
Status: in_force

In all cases the department may file an action pursuant to chapter 15-6 in circuit court for judgment and issuance of execution for the total amount that the payor failed to withhold or pay over to the department, and for an order for reinstatement of employment or restitution to the obligor, or both, if the obligor has been discharged, disciplined, or otherwise discriminated against by the payor.

Source: SL 1986, ch 218, § 45.
S.D. Codified Laws § 25-5A-8 — SD Code / Title 25 / Chapter 5A / Section 25-5A-8
Hearing procedure
Status: in_force

The hearing procedure under this chapter shall be as provided in §§ 25-5A-9 to 25-5A-16 , inclusive.

Source: SL 1971, ch 165, § 6.
S.D. Codified Laws § 25-1-31 — SD Code / Title 25 / Chapter 1 / Section 25-1-31
Solemnization of marriage without license as misdemeanor
Status: in_force

If any marriage is solemnized without the license required by this title being procured, the parties so married and all persons aiding in such marriage are guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 14.9903.
S.D. Codified Laws § 25-6A-13 — SD Code / Title 25 / Chapter 6A / Section 25-6A-13
Application of §§25-6A-9to25-6A-12, inclusive
Status: in_force

The provisions of §§ 25-6A-9 to 25-6A-12 , inclusive, apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state are eligible to receive it in accordance with the laws and procedures applicable thereto.

Source: SL 1990, ch 187, § 11.
S.D. Codified Laws § 25-5-29 — SD Code / Title 25 / Chapter 5 / Section 25-5-29
Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal
Status: in_force

Except for proceedings under chapter 26-7A , 26-8A , 26-8B , or 26-8C , the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with whom he or she has served as a primary caretaker, has closely bonded as a parental figure, or has otherwise formed a significant and substantial relationship. It is presumed to be in the best interest of a child to be in the care, custody, and control of the child's parent, and the parent shall be afforded the constitutional protections as determined by the United States Supreme Court and the South Dakota Supreme Court. A parent's presumptive right to custody of his or her child may be rebutted by proof:

(1) That the parent has abandoned or persistently neglected the child;

(2) That the parent has forfeited or surrendered his or her parental rights over the child to any person other than the parent;

(3) That the parent has abdicated his or her parental rights and responsibilities; or

(4) That other extraordinary circumstances exist which, if custody is awarded to the parent, would result in serious detriment to the child.

Source: SL 2002, ch 126, § 1.
S.D. Codified Laws § 25-4B-304 — SD Code / Title 25 / Chapter 4B / Section 25-4B-304
Testimony by electronic means
Status: in_force

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

Source: SL 2014, ch 123, § 16.
S.D. Codified Laws § 25-4-26 — SD Code / Title 25 / Chapter 4 / Section 25-4-26
Revocation of condonation and revival of ground for divorce
Status: in_force

Condonation is revoked and the original cause of divorce revived:

(1) When the condonee commits acts constituting a like or other cause of divorce; or

(2) When the condonee is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith or not fulfilled.

Source: SDC 1939, § 14.0717.
S.D. Codified Laws § 25-2-20 — SD Code / Title 25 / Chapter 2 / Section 25-2-20
Amendment--Revocation
Status: in_force

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

Source: SL 1989, ch 216, § 5.
S.D. Codified Laws § 25-9C-611 — SD Code / Title 25 / Chapter 9C / Section 25-9C-611
Modification of child support order of another state
Status: in_force

(a) If the provisions of § 25-9C-613 do not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(b) A petitioner who is a nonresident of this state seeks modification; and

(c) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized pursuant to § 25-9C-207 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) and subsection 25-9C-201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.

Source: SL 2015, ch 148, § 611.
S.D. Codified Laws § 25-5A-13 — SD Code / Title 25 / Chapter 5A / Section 25-5A-13
Private hearings--Opening to public
Status: in_force

All hearings shall be held before the court, privately, but for reasons appearing sufficient to the court, the hearing in any particular case may be made public.

Source: SL 1971, ch 165, § 6 (7).
S.D. Codified Laws § 25-2-25 — SD Code / Title 25 / Chapter 2 / Section 25-2-25
Short title
Status: in_force

Sections 25-2-16 to 25-2-25 , inclusive, may be cited as the Uniform Premarital Agreement Act.

Source: SL 1989, ch 216, § 10.
S.D. Codified Laws § 25-7A-51 — SD Code / Title 25 / Chapter 7A / Section 25-7A-51
Workfare program--Circumstances where participation required
Status: in_force

An obligor who owes past - due child support and whose dependent child is being provided public assistance shall be required to pay support in an amount deemed appropriate by a court or, if not incapacitated, participate in work activities as specified in § 407(D) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as of January 1, 1997.

Source: SL 1986, ch 218, § 53A; SL 1997, ch 155, § 18.
S.D. Codified Laws § 25-3-5 — SD Code / Title 25 / Chapter 3 / Section 25-3-5
Forced consent 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, at the time of the marriage, the consent of either party was obtained by force, unless such party afterwards 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 injured party, within four years after the marriage.

Source: SDC 1939, §§ 14.0601 (5), 14.0602 (5).
S.D. Codified Laws § 25-7A-56.6 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.6
Title IV-D agency records access
Status: in_force

For purposes of child support enforcement activities, any Title IV-D agency is hereby granted access to information contained in the following records including, if applicable, automated access to case records maintained in automated data bases:

(1) Records of other state and local government agencies, including:

(a) Vital statistics, including records of marriage, birth, death, or divorce;

(b) State and local tax revenue records, including information on residence address, employer, income, and assets;

(c) Records concerning real and titled personal property;

(d) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;

(e) Employment security records;

(f) Records of agencies administering public assistance programs;

(g) Records of the Division of Motor Vehicles; and

(h) Records of the Department of Corrections.

(2) Records held by private entities with respect to individuals who owe or are owed support or against whom a support obligation is sought, consisting of:

(a) The names, addresses, and telephone numbers of individuals, and the names and addresses of the employers of the individuals, as appearing in the customer records of public utilities and cable television companies, which shall be provided pursuant to an administrative subpoena issued by the department;

(b) Information, including information on assets and liabilities related to the individuals and held by any financial institution.

Any information obtained by the department pursuant to this section is confidential in nature, and may be used or disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Any entity which provides information to the department is not subject to civil or criminal liability for releasing or disclosing the requested information.

Source: SL 1997, ch 155, § 25.
S.D. Codified Laws § 25-5-23.1 — SD Code / Title 25 / Chapter 5 / Section 25-5-23.1
Foster parents' liability for acts of foster child--Motor vehicle cases excepted--No costs to be assessed if child adjudicated delinquent or in need of supervision
Status: in_force

No foster parent is liable for the acts of his or her foster child. However, this section does not apply to any action based on agency or negligent entrustment of a motor vehicle. No costs or fees may be charged or assessed against a foster parent as a result of a foster child in their care being adjudicated under § 26-8B-6 or 26-8C-7 .

Source: SL 2001, ch 131, § 1.
S.D. Codified Laws § 25-4A-29 — SD Code / Title 25 / Chapter 4A / Section 25-4A-29
Commission on Parenting Time Guidelines--Creation--Duties
Status: in_force

The Supreme Court shall, commencing in the year 2021, establish quadrennially a Commission on Parenting Time Guidelines. The commission shall review the standard parenting guidelines outlined in § 25-4A-10 and shall report its findings and recommendations to the Supreme Court, Governor and the Legislature no later than October 1 of the year in which it is appointed.

Source: SL 2021, ch 250 (Supreme Court Rule 20-04), eff. Aug. 26, 2020.
S.D. Codified Laws § 25-5A-1 — SD Code / Title 25 / Chapter 5A / Section 25-5A-1
Definition of terms
Status: in_force

Terms in this chapter mean:

(1) "Authorized agency," the Department of Social Services of South Dakota or any agency licensed by the department to place children for adoption;

(2) "Child," any minor;

(3) "Parents," the mother and father, if living, of a child;

(4) "Putative father," any person who claims to be, or is named as, the biological father or a possible biological father of a child, and whose paternity of the child has not been judicially determined.

Source: SL 1971, ch 165, § 1; SL 1972, ch 154, § 6; SL 1973, ch 163, § 1; SL 1995, ch 143, § 1.
S.D. Codified Laws § 25-10-37 — SD Code / Title 25 / Chapter 10 / Section 25-10-37
Domestic abuse record keeping
Status: in_force

The information required by §§ 25-10-34 and 25-10-36 shall be compiled, maintained, and reported in accordance with chapter 23-6 .

Source: SL 2000, ch 111, § 3; SDCL § 23A-2-14 ; SL 2002, ch 19, § 1.
S.D. Codified Laws § 25-9C-103 — SD Code / Title 25 / Chapter 9C / Section 25-9C-103
State tribunals and support enforcement agency
Status: in_force

(a) The Department of Social Services and the Unified Judicial System are the tribunals of this state.

(b) The Department of Social Services is the support enforcement agency of this state.

Source: SL 2015, ch 148, § 103.
S.D. Codified Laws § 25-10-41 — SD Code / Title 25 / Chapter 10 / Section 25-10-41
Conditions of release of person charged with domestic abuse
Status: in_force

In determining the conditions of release under § 25-10-40 , the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant:

(1) Not to subject the victim to further domestic abuse;

(2) To vacate the home of the victim;

(3) Not to contact the victim other than through counsel;

(4) To engage in counseling;

(5) To refrain from the consumption of alcohol or the use of drugs;

(6) To post bond pursuant to § 25-10-23 .

As used in this section, the term, domestic abuse, means a violation of § 22-18-1 or 22-18-1.1 if the victim is a person in a relationship described in § 25-10-3.1 .

Source: SL 1985, ch 199, § 2; SDCL § 23A-43-4.2; SL 2002, ch 19, § 1; SL 2012, ch 145, § 1; SL 2014, ch 125, § 9.
S.D. Codified Laws § 25-4B-101 — SD Code / Title 25 / Chapter 4B / Section 25-4B-101
Short title
Status: in_force

This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act.

Source: SL 2014, ch 123, § 1.
S.D. Codified Laws § 25-4A-16 — SD Code / Title 25 / Chapter 4A / Section 25-4A-16
Parents responsible for child support
Status: in_force

The parents are responsible for payment of child support in accordance with § 25-7-6.1 .

Source: SL 2002, ch 125, § 8.
S.D. Codified Laws § 25-6-8 — SD Code / Title 25 / Chapter 6 / Section 25-6-8
Joinder of proceedings as to two or more children--Separate orders required
Status: in_force

The adoption of two or more children by the same adopting parent or parents may be included in one proceeding, provided, that a separate order of adoption shall be made and filed by the court as to each child adopted.

Source: SDC 1939, § 14.0405 as added by SL 1951, ch 42, § 1.
S.D. Codified Laws § 25-9C-308 — SD Code / Title 25 / Chapter 9C / Section 25-9C-308
Duty of attorney general
Status: in_force

(a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties pursuant to this chapter or may provide those services directly to the individual.

(b) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

Source: SL 2015, ch 148, § 308.
S.D. Codified Laws § 25-4-19 — SD Code / Title 25 / Chapter 4 / Section 25-4-19
Grounds for denial of divorce
Status: in_force

Divorces must be denied upon showing:

(1) Connivance;

(2) Collusion;

(3) Condonation; or

(4) Limitation and lapse of time.

Source: SDC 1939, § 14.0713; SL 1973, ch 161.
S.D. Codified Laws § 25-6-1.1 — SD Code / Title 25 / Chapter 6 / Section 25-6-1.1
Child born to unmarried mother--Father not entitled to notice unless child acknowledged--Mother’s rights--Defense limited
Status: in_force

Notwithstanding any other provision of law or court ruling, if the biological mother of a child is not married to the father at the time of conception or birth of the child, or at any time between conception and birth of the child, the father of the child, as a requirement of due process, has no rights to the service of process or notice in an adoption or termination of parental rights proceeding, unless the father is known and identified by the mother to the court, or unless the father, prior to the entry of a final order in the proceeding, acknowledges the child as the father's own by affirmatively asserting paternity, within fifteen days after the birth of the child, by:

(1) Becoming an acknowledged father as provided in § 25-6-1 ;

(2) Causing the father's name to be affixed to the birth certificate as provided by § 34-25-13.2 ; or

(3) Commencing an action for paternity pursuant to chapter 25-8 .

A man who has sexual intercourse with a woman to whom the man is not married is deemed to be on notice that a child may be conceived as a result and is entitled to notice of an adoption proceeding or voluntary termination of parental rights proceeding only as provided in this chapter. It is the duty of the father to affirmatively assert and protect the father's rights and interest in the child.

The mother has the right to not identify the father or any other potential father of the child to the court or to any other person in an adoption or voluntary termination of parental rights proceeding. No inquiry may be made into the sexual history of the mother in an adoption or voluntary termination of parental rights proceeding. The mother's failure to inform the father of the mother's pregnancy is not a defense to the father's failure to timely assert paternity as provided in this chapter.

Source: SL 1974, ch 176; SL 2025, ch 108, § 2.
S.D. Codified Laws § 25-4-70 — SD Code / Title 25 / Chapter 4 / Section 25-4-70
Duties of parenting coordinator
Status: in_force

The court order appointing the parenting coordinator shall specify the scope of the appointment and authority of the parenting coordinator. Additionally, a parenting coordinator may be ordered to do one or more of the following:

(1) Inform the parties of the role of the parenting coordinator;

(2) Monitor implementation of a voluntary or court-ordered parenting plan, the schedule, or parenting time issues provided such resolution does not involve a substantive change to the court's order;

(3) Recommend strategies for implementing the parenting plan or resolving other parenting issues that may be impacting the parenting plan;

(4) Assist the parties in developing communication and cooperation for the purpose of effective co-parenting of the children;

(5) Assist with implementation of court orders and make recommendations to the court regarding implementation, clarification, modification, and enforcement of any temporary or permanent parenting time orders;

(6) Exclude counsel for the parties from participating in any parenting coordinator sessions;

(7) Implement domestic violence safeguards as the court deems necessary. For example, ordering no direct communications or no joint meetings, ensuring compliance with all provisions of any protection order or order in a criminal proceeding;

(8) Document the services provided and record agreements reached;

(9) Recommend appropriate community resources to one or both parents;

(10) Educate the parties to effectively parent in a manner that minimizes conflict, develops appropriate parenting skills, identifies sources of conflict, and works to lessen the effect of conflict on the children;

(11) Make recommendations on the day-to-day issues experienced by the parties;

(12) Act to empower the parties in resuming parental controls and decision-making, and minimize the degree of conflict between the parties for the best interests of the children;

(13) Facilitate the ability of both parents to maintain ongoing relationships with the children;

(14) Only with the prior consent of the court as specified in the order of appointment, make limited decisions subject to review by the court upon motion of the parties as specified in the order of appointment. By way of example only, these issues include disagreements around exchanges, time-sensitive issues, holiday scheduling, discipline, health issues, school and extracurricular activities, and managing problematic behaviors by the parents or children; and

(15) Interview law enforcement, social workers, health care providers, daycare providers, teachers and family members as necessary to fulfill the terms of the court order. The parties shall be required to sign releases authorizing the parenting coordinator to speak to specific third parties about specific events.

A parenting coordinator shall not have the authority to make any decision affecting child support, a change of custody, or a substantial change in parenting time.

The order appointing the parenting coordinator shall provide direction to the parenting coordinator regarding information or records, if any, which the parenting coordinator is to file with the court. The parenting coordinator shall not engage in ex-parte communication with the court and all documents sent to or filed with the court shall also be sent to the parties in the case.

Source: SL 2013, ch 268, § 7 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-4-57 — SD Code / Title 25 / Chapter 4 / Section 25-4-57
Court appointment of mediator
Status: in_force

For any mediation ordered pursuant to § 25-4-56 the court shall appoint a mediator from a list of qualified mediators approved by the court.

Source: SL 1996, ch 163, § 1.
S.D. Codified Laws § 25-10-36.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-36.1
Arrest of domestic abuse victim for outstanding warrant
Status: in_force

No law enforcement officer who is called to the scene of a domestic abuse complaint is required to arrest any victim of domestic abuse for an outstanding warrant if:

(1) The victim is not otherwise liable to arrest for any action arising out of the present incidence of domestic abuse; and

(2) The outstanding warrant is for a nonviolent misdemeanor offense.

The victim is subject to arrest on an outstanding warrant after seventy-two hours have passed since the incidence of the domestic abuse call under this section.

The decision of an officer to arrest or not to arrest a victim on an outstanding warrant under this section may not constitute a cause of action against the officer, the law enforcement agency, the employing entity, or any of the employing entity's employees.

Source: SL 2014, ch 128, § 1; SL 2018, ch 164, § 1.
S.D. Codified Laws § 25-9C-702 — SD Code / Title 25 / Chapter 9C / Section 25-9C-702
Applicability
Status: in_force

The provisions of this Article apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6, inclusive, this Article controls.

Source: SL 2015, ch 148, § 702.
S.D. Codified Laws § 25-10-7.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-7.1
Temporary order effective until order under §25-10-5served
Status: in_force

If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to § 25-10-5 , the ex parte temporary protection order remains effective until the order issued pursuant to § 25-10-5 is served on the respondent.

Source: SL 2000, ch 119, § 3.
S.D. Codified Laws § 25-7-6.14 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.14
Abatement of portion of child support--Modification
Status: in_force

If the child resides with the obligor six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate under the circumstances, grant an abatement of not less than thirty-eight percent nor more than sixty-six percent of the basic child support obligation for the nights the child resides with the obligor. It shall be presumed that the parenting time is exercised.

In deciding whether an abatement is appropriate, the court or child support referee shall consider the fixed obligations of the custodial parent that are attributable to the child and to the increased non-duplicated costs of the noncustodial parent that are associated with the child’s time with the noncustodial parent. The burden is on the noncustodial parent to demonstrate the increased costs that the noncustodial parent incurs for non-duplicated fixed expenditures, including routine clothing costs, costs for extra-curricular activities, school supplies, and other similar non-duplicated fixed expenditures.

The order granting the abatement must specify the number of nights that the abatement is allowed and the amount of the abatement. To calculate an abatement, the court or child support referee shall:

(1) Determine the basic child support calculation, excluding additional costs including health insurance or child care, and annualize the same;

(2) Divide the annual amount in subdivision (1) by three hundred sixty-five days to calculate the daily child support amount;

(3) Multiply the daily child support amount in subdivision (2) by the number of overnights the child spends with the noncustodial parent on a monthly basis; and

(4) Multiply the amount in subdivision (3) by the abatement percentage utilized. The figure must be annualized and subtracted from the monthly child support obligation.

No abatement may exceed the child support cross credit allowed under § 25-7-6.27 .

If the noncustodial parent does not exercise the extended parenting time during a particular year, the noncustodial parent is required to repay the abated amount of child support to the custodial parent.

Source: SL 1989, ch 220, § 14; SL 1997, ch 154, § 7; SL 2001, ch 133, § 2; SL 2005, ch 134, § 3; SL 2009, ch 130, § 6; SL 2022, ch 81, § 5.
S.D. Codified Laws § 25-7A-46 — SD Code / Title 25 / Chapter 7A / Section 25-7A-46
Intentional violation by payor as petty offense
Status: in_force

Any payor who intentionally:

(1) Fails to withhold or pay over income to the department pursuant to a valid order for withholding;

(2) Discharges, refuses to employ, disciplines, or penalizes an obligor because of the order for withholding; or

(3) Otherwise fails to comply with any of the duties imposed by this chapter;

Source: SL 1986, ch 218, § 46; SL 1992, ch 158, § 95; SL 1997, ch 155, § 17.
S.D. Codified Laws § 25-2-19 — SD Code / Title 25 / Chapter 2 / Section 25-2-19
Effect of marriage
Status: in_force

A premarital agreement becomes effective upon marriage.

Source: SL 1989, ch 216, § 4.
S.D. Codified Laws § 25-7A-3 — SD Code / Title 25 / Chapter 7A / Section 25-7A-3
Subrogation right of department
Status: in_force

The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public money expended for or on behalf of the child. If a court order, administrative order, or final decree of divorce enters judgment for an amount of support to be paid by a parent or other responsible person, the department is subrogated to the debt created by such order, and any money judgment shall be in favor of the department.

Source: SL 1982, ch 196, § 3; SL 1986, ch 218, § 3; SL 2013, ch 119, § 6.
S.D. Codified Laws § 25-1-2 — SD Code / Title 25 / Chapter 1 / Section 25-1-2
Present consent to marriage required
Status: in_force

The consent to a marriage must be to one commencing instantly, and not an agreement to marry afterwards.

Source: SDC 1939, § 14.0104.
S.D. Codified Laws § 25-9C-314 — SD Code / Title 25 / Chapter 9C / Section 25-9C-314
Limited immunity of petitioner
Status: in_force

(a) Participation by a petitioner in a proceeding pursuant to this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding pursuant to this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding pursuant to this chapter committed by a party while physically present in this state to participate in the proceeding.

Source: SL 2015, ch 148, § 314.
S.D. Codified Laws § 25-10-6 — SD Code / Title 25 / Chapter 10 / Section 25-10-6
Ex parte temporary protection order
Status: in_force

If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order:

(1) Restraining any person in a relationship described in § 25-10-3.1 from committing acts of domestic abuse;

(2) Excluding any person in a relationship described in § 25-10-3.1 from the dwelling or the residence of the petitioner.

Source: SL 1981, ch 198, § 6; SL 2014, ch 125, § 6.
S.D. Codified Laws § 25-5A-18 — SD Code / Title 25 / Chapter 5A / Section 25-5A-18
Order terminating parental rights--Consent to adoption--Child support arrearages
Status: in_force

Upon proof of the notice required by § 25-5A-9 and personal service as required by §§ 25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to § 25-6-4 , the court finds that the termination of parental rights and the transfer of parental rights to be in the best interests of the child, and finds that the petitioner or petitioners are fully aware of the purpose of the proceedings and the consequences of their act, the court shall make an order terminating all parental rights and obligations in the parent or parents in which they have existed and releasing the child from all legal obligations to the parents, even though the proceeding for termination is brought by only one parent. The court shall also order that the parental rights are transferred to some other person or persons, or authorized agency as may, in the opinion of the court, be best qualified to receive them. The order may contain the power by the person or persons or authorized agency to consent to the adoption of the child, as provided for in § 25-6-12 , without further notice to the child's parent or parents or any other person having parental rights over the child. The court may specifically terminate the parental rights of all parents and putative fathers regardless of whether they are personally present in court except as required in § 25-5A-14 . Any existing child support arrearages shall be addressed by the court in the order terminating parental rights.

Source: SL 1971, ch 165, § 7; SL 1995, ch 143, § 2; SL 1996, ch 164, § 1; SL 2013, ch 119, § 19.
S.D. Codified Laws § 25-7-6.4 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.4
Presumption--Parent employment at minimum wage
Status: in_force

It is presumed for the purposes of determining child support that a parent is capable of being employed and earning an annual gross income of not less than one thousand eight hundred twenty hours multiplied by the current state minimum wage.

Source: SL 1989, ch 220, § 4; SL 2009, ch 130, § 3; SL 2017, ch 111, § 2; SL 2022, ch 81, § 1; SL 2026, ch 121, § 1.
S.D. Codified Laws § 25-5-32 — SD Code / Title 25 / Chapter 5 / Section 25-5-32
Parental rights need not be terminated if custody awarded to person other than parent
Status: in_force

If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation rights with the child.

Source: SL 2002, ch 126, § 4.
S.D. Codified Laws § 25-8-56 — SD Code / Title 25 / Chapter 8 / Section 25-8-56
Judgment of paternity--Full faith and credit
Status: in_force

Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state.

Source: SL 1994, ch 204, § 8.
S.D. Codified Laws § 25-4A-33 — SD Code / Title 25 / Chapter 4A / Section 25-4A-33
Custody and parenting time disputes--Appointment of custody evaluator
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 § 25-5A-19 — SD Code / Title 25 / Chapter 5A / Section 25-5A-19
Order conclusive--Appeal to supreme court
Status: in_force

Any order entered under this chapter is conclusive and binding on all parties. However, an appeal may be taken to the Supreme Court from a judgment, decree, or order of the circuit court under this chapter within thirty days from the date of its filing. The appeal shall be taken in the manner provided in chapter 15-26A . Initials shall appear in place of the name of the child on the record on appeal.

Source: SL 1971, ch 165, § 8; SL 1991, ch 217, § 169.
S.D. Codified Laws § 25-4-52 — SD Code / Title 25 / Chapter 4 / Section 25-4-52
Visitation rights for grandparents--Enforcement by circuit court
Status: in_force

The circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and:

(1) If the visitation will not significantly interfere with the parent - child relationship; or

(2) If the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.

The circuit court shall issue any orders necessary to enforce or to protect visitation rights granted pursuant to this section.

As used in this section, the term grandparents includes great - grandparents.

Source: SL 1982, ch 191, § 1; SL 2001, ch 130, § 1; SL 2003, ch 144, § 1; SL 2004, ch 172, § 1.
S.D. Codified Laws § 25-1-10.2 — SD Code / Title 25 / Chapter 1 / Section 25-1-10.2
Application for marriage license--Required statement
Status: in_force

The application for a marriage license shall contain the following statement:

"The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage free from violence and abuse. Neither of you is the property of the other. Physical abuse, sexual abuse, battery, and assault of a spouse or other family member, as well as other provisions of the criminal laws of this state, are applicable to spouses and other family members and violations thereof are punishable by law."

The application shall contain a separate line for the signatures of the applicants verifying that the applicants have read and understand the statement.

Source: SL 1998, ch 155, § 1.
S.D. Codified Laws § 25-7A-3.1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-3.1
Designation of Department of Social Services as state child support case registry--Duties
Status: in_force

Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced by the department and all support orders entered or modified in the state on or after October 1, 1998.

The state case registry shall extract, share, compare, and receive child support information from other data bases, and furnish and exchange information with the federal case registry of child support orders, the federal parent locator service, other state agencies, and other states to facilitate the establishment or enforcement of child support orders.

The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.

Source: SL 1997, ch 155, § 2; SL 1998, ch 157, § 2.
S.D. Codified Laws § 25-9C-316 — SD Code / Title 25 / Chapter 9C / Section 25-9C-316
Special rules of evidence and procedure
Status: in_force

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding pursuant to this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding pursuant to this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding pursuant to this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Source: SL 2015, ch 148, § 316.
S.D. Codified Laws § 25-9C-606 — SD Code / Title 25 / Chapter 9C / Section 25-9C-606
Procedure to contest validity or enforcement of registered support order
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required pursuant to § 25-9C-605 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 25-9C-607 .

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

Source: SL 2015, ch 148, § 606.
S.D. Codified Laws § 25-5-33 — SD Code / Title 25 / Chapter 5 / Section 25-5-33
Child support, parent's duty to provide for child when custody awarded to person other than parent
Status: in_force

If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, may waive the parent's duty to provide monetary or other support for his or her child.

Source: SL 2002, ch 126, § 5.
S.D. Codified Laws § 25-7A-52 — SD Code / Title 25 / Chapter 7A / Section 25-7A-52
Supplemental nature of rights and duties--Prior assignments not invalid
Status: in_force

The rights, remedies, duties, and penalties created by this chapter are in addition to and not in substitution for any other rights, remedies, duties, and penalties created by any other law.

Nothing in this chapter may be construed as invalidating any assignment of wages or benefits for child or spousal support executed or ordered prior to July 1, 1986.

Source: SL 1986, ch 218, §§ 51, 52.
S.D. Codified Laws § 25-5A-27.1 — SD Code / Title 25 / Chapter 5A / Section 25-5A-27.1
Surrender of newborn to authorized entity--Newborn safety device--Requirements
Status: in_force

An emergency services provider or a licensed child placement agency may install and maintain a newborn safety device on its premises, if the premises are staffed twenty-four hours per day, seven days per week. The newborn safety device must:

(1) Be in a conspicuous location on the provider's or agency's premises;

(2) Have a climate-controlled and padded receptacle that is appropriately sized for a newborn;

(3) Have an exterior door that automatically locks upon placement of a newborn inside; and

(4) Be equipped with an alarm system that notifies the provider's or agency's staff and a 911 service when:

(a) The exterior door of the device is opened; and

(b) Movement is detected within the device.

A provider or agency that installs a newborn safety device shall test the alarm system weekly.

Source: SL 2025, ch 107, § 2.
S.D. Codified Laws § 25-5-6 — SD Code / Title 25 / Chapter 5 / Section 25-5-6
Parental control of child's property
Status: in_force

The parent, as such, has no control over the property of the child.

Source: SDC 1939, § 14.0318.
S.D. Codified Laws § 25-2-14 — SD Code / Title 25 / Chapter 2 / Section 25-2-14
Responsibility for acts of spouse
Status: in_force

Neither husband nor wife as such is answerable for the acts of the other.

Source: SDC 1939, § 14.0206.
S.D. Codified Laws § 25-1-13 — SD Code / Title 25 / Chapter 1 / Section 25-1-13
Marriage of minor--Court approval or parental consent--Age difference prohibition
Status: in_force

Except as provided in this section, a marriage license may be issued to two individuals, one of whom is a minor or both of whom are minors, provided that the individuals applying for the marriage license are at least sixteen years old and have obtained:

(1) A circuit court order following a determination by the court that the marriage is voluntary and in the best interest of the minor applicant, or minor applicants, as applicable, pursuant to § 25-113.1, a certified copy of which must be submitted to the register of deeds;

(2) If only one applicant is a minor, written consent, notarized and submitted to the office of the county register of deeds, from:

(a) Two parents of the minor; or

(b) The legal guardian of the minor; or

(3) If both applicants are minors, written consent, notarized and submitted to the office of the county register of deeds, from:

(a) Two parents of each minor;

(b) The legal guardian of each minor; or

(c) Two parents of one minor and the legal guardian of the other minor.

A marriage license may not be issued under this section if the age difference between the applicants is greater than four years.

Source: SDC 1939, § 14.0113; SL 1988, ch 202, § 3; SL 2026, ch 118, § 2.
S.D. Codified Laws § 25-4A-17 — SD Code / Title 25 / Chapter 4A / Section 25-4A-17
Notice required before relocating child--Exceptions
Status: in_force

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the child. Reasonable notice is notice that is given at least forty-five days before relocation or a shorter period if reasonable under the specific facts giving rise to the relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the court.

No notice need be provided pursuant to this section if:

(1) The relocation results in the child moving closer to the noncustodial parent; or

(2) The relocation is within the boundaries of the child's current school district; or

(3) There is an existing valid protection order in favor of the child or the custodial parent against the noncustodial parent unless the noncustodial parent has a valid order for parenting time established either in the protection order file or another custody proceeding subsequent to the entry of the protection order; or

(4) Within the preceding twelve months, the nonrelocating parent has been convicted of violation of a protection order, criminal assault, child abuse, or other domestic violence and either the child or the custodial parent was the victim of the crime or violation unless the noncustodial parent has a valid order for parenting time established subsequent to the conviction.

Source: SL 2004, ch 173, § 1; SL 2016, ch 141, § 1.
S.D. Codified Laws § 25-4-47 — SD Code / Title 25 / Chapter 4 / Section 25-4-47
Restoration of former name to wife--Validation of prior decrees
Status: in_force

Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.

Source: SDC 1939, § 14.0702; SL 1983, ch 205.
S.D. Codified Laws § 25-7A-56.4 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.4
Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems
Status: in_force

Any Title IV-D agency conducting child support enforcement activities shall have access to any motor vehicle or law enforcement system used within the state for purposes of locating a person.

Source: SL 1997, ch 155, § 23.
S.D. Codified Laws § 25-9C-616 — SD Code / Title 25 / Chapter 9C / Section 25-9C-616
Procedure to register child support order of foreign country for modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state pursuant to §§ 25-9C-601 to 25-9C-608 , inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

Source: SL 2015, ch 148, § 616.
S.D. Codified Laws § 25-8-54 — SD Code / Title 25 / Chapter 8 / Section 25-8-54
Use of forms and information prescribed by department
Status: in_force

All hospitals, physicians, health care providers, certified nurse midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services.

Source: SL 1994, ch 204, § 5; SL 2017, ch 171, § 50.
S.D. Codified Laws § 25-6-9 — SD Code / Title 25 / Chapter 6 / Section 25-6-9
Period of residence in home required before petition granted
Status: in_force

No petition for adoption shall be granted until the child shall have lived within the proposed foster home for a period of at least six months.

Source: SDC 1939, § 14.0406; SL 1945, ch 47, § 1; SL 1947, ch 54.
S.D. Codified Laws § 25-9C-902 — SD Code / Title 25 / Chapter 9C / Section 25-9C-902
Transitional provision
Status: in_force

The provisions of this chapter apply to proceedings begun on or after July 1, 2015 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.

Source: SL 2015, ch 148, § 902.
S.D. Codified Laws § 25-4B-203 — SD Code / Title 25 / Chapter 4B / Section 25-4B-203
Modification of agreement
Status: in_force

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article.

(b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

(c) If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

Source: SL 2014, ch 123, § 10.
S.D. Codified Laws § 25-5A-7.3 — SD Code / Title 25 / Chapter 5A / Section 25-5A-7.3
Rules and regulations adopted by department for securing medical and social history
Status: in_force

The Department of Social Services shall adopt rules and regulations pursuant to chapter 1-26 to carry out § 25-5A-7.2 . Such rules and regulations shall only provide for securing the minimum amount of information to adequately describe the physical, social, and medical background and history of the minor child.

Source: SL 1977, ch 205, § 5.
S.D. Codified Laws § 25-5-14 — SD Code / Title 25 / Chapter 5 / Section 25-5-14
Parent and child not answerable for act of other
Status: in_force

Except as provided by § 25-5-15 , neither parent nor child is answerable as such, for the act of the other.

Source: SDC 1939, § 14.0309.
S.D. Codified Laws § 25-9C-612 — SD Code / Title 25 / Chapter 9C / Section 25-9C-612
Recognition of order modified in another state
Status: in_force

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

Source: SL 2015, ch 148, § 612.
S.D. Codified Laws § 25-5A-24 — SD Code / Title 25 / Chapter 5A / Section 25-5A-24
Written report of counseling--Copy to Department of Social Services
Status: in_force

A written report of the counseling shall be submitted directly to the court, and a copy shall be mailed to the Department of Social Services. The report shall contain the following information regarding the birthparent counseled:

(1) A statement signed by the birthparent that certifies that each of the points listed in § 25-5A-24 were covered and fully understood;

(2) Identifying information of the birthparent, which includes the full name, address, and birth date of the birthparent; a summary of social history of the birthparent; and the reason for relinquishment;

(3) The name, address, agency affiliation, or credentials of the social worker;

(4) The dates and number of hours that counseling occurred;

(5) The total number of hours of counseling;

(6) Documentation of the discussion of the topics listed in § 25-5A-23 ;

(7) Documentation of efforts to locate the alleged, legal, or presumed father or birthmother and the cooperation or lack of cooperation of that parent;

(8) The cost of the counseling and who has or is expected to pay for the counseling.

Source: SL 1994, ch 197, § 3; SL 1996, ch 165.
S.D. Codified Laws § 25-4-10 — SD Code / Title 25 / Chapter 4 / Section 25-4-10
Desertion by cruelty or threats causing departure of spouse
Status: in_force

Departure or absence of one party from the family dwelling place caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the other party.

Source: SDC 1939, § 14.0709 (3).
S.D. Codified Laws § 25-7-28 — SD Code / Title 25 / Chapter 7 / Section 25-7-28
Adult child's right of contribution from brothers and sisters for support of parent--Notice required
Status: in_force

In the event necessary food, clothing, shelter, or medical attendance is provided for a parent by a child, he shall have the right of contribution from his adult brothers and sisters, who refuse or do not assist in such maintenance, on a pro rata share to the extent of their ability to so contribute to such support; provided that no right of contribution for support shall accrue except from and after notice in writing is given by the child so providing for his parent.

Source: SDC 1939, § 14.0312 as added by SL 1963, ch 62.
S.D. Codified Laws § 25-4A-37 — SD Code / Title 25 / Chapter 4A / Section 25-4A-37
Appointment upon consent of parties
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 § 25-9C-613 — SD Code / Title 25 / Chapter 9C / Section 25-9C-613
Jurisdiction to modify child support order of another state when individual parties reside in this state
Status: in_force

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction pursuant to this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. The provisions of Articles 3, 4, 5, 7, and 8 do not apply.

Source: SL 2015, ch 148, § 613.
S.D. Codified Laws § 25-4A-2 — SD Code / Title 25 / Chapter 4A / Section 25-4A-2
Written request for order to show cause for violation of visitation or custody decree--Hearing date
Status: in_force

Any party granted visitation or custody rights to a child by a court decree may request the court to enter an order to show cause why the other party should not be held in contempt of court for violation of the decree relating to visitation or custody of the child. Upon receipt of a written request for an order to show cause, the court may issue such an order and forthwith schedule a hearing date not less than thirty days in the future. No particular formality may be required of the moving party in making a written request for an order to show cause.

Source: SL 1994, ch 195, § 2.
S.D. Codified Laws § 25-5-7 — SD Code / Title 25 / Chapter 5 / Section 25-5-7
Parents equally entitled to custody and earnings of child born in wedlock
Status: in_force

Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and earnings.

Source: SDC 1939, § 14.0303; SL 1991, ch 210, § 6; SL 2008, ch 131, § 1.
S.D. Codified Laws § 25-7A-54 — SD Code / Title 25 / Chapter 7A / Section 25-7A-54
Department exempt from filing fee
Status: in_force

The Department of Social Services is specifically exempt from any court filing fee pursuant to any filing required under this chapter.

Source: SL 1989, ch 175, § 9.
S.D. Codified Laws § 25-5-7.5 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.5
Access to records and application requirements not applicable to certain parents
Status: in_force

The provisions of §§ 25-5-7.3 and 25-5-7.4 do not apply in any case in which a court has:

(1) Terminated the rights of either parent; or

(2) Restrained either parent, by court order, from contact with the child.

Moreover, a court of competent jurisdiction may determine that the application of § 25-5-7.3 or 25-5-7.4 , or both, is inappropriate under the facts and circumstances of any particular case.

Source: SL 2008, ch 129, § 3.
S.D. Codified Laws § 25-7A-26 — SD Code / Title 25 / Chapter 7A / Section 25-7A-26
Petition to stay service of order for withholding--Grounds
Status: in_force

The obligor may contest the order for withholding of income by filing a written request for administrative review with the department within ten days after service of the order. The grounds for contesting the withholding shall be limited to:

(1) A dispute concerning the existence or amount of the order for support or delinquency or arrearage; or

(2) The proper identity of the obligor.

The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.

Source: SL 1986, ch 218, § 25; SL 1997, ch 155, § 10.
S.D. Codified Laws § 25-3-12 — SD Code / Title 25 / Chapter 3 / Section 25-3-12
Report to Department of Health on annulments
Status: in_force

The clerk of court in every county shall report information of each annulment of marriage filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial System. The forms shall be mailed or delivered to the South Dakota Department of Health within forty days after the entry of the final order or decree of the circuit court.

Source: SL 1978, ch 188.
S.D. Codified Laws § 25-7A-23 — SD Code / Title 25 / Chapter 7A / Section 25-7A-23
Order for withholding of income or property--Written agreement in lieu of order
Status: in_force

Upon entry or modification of any order for support, an order for withholding of income or property shall be entered, which shall take effect immediately, unless the obligor or obligee demonstrates, and the court finds, that there is good cause not to require immediate income withholding or if the parties make a written agreement which provides for an alternative arrangement approved by the court. The department may also enter into a written agreement that provides for an alternative payment arrangement in lieu of issuing an order for withholding of income or property as provided in this section. If immediate income withholding is not required, withholding shall take effect if the obligor becomes delinquent in paying any part of the order for support, or upon the date the obligor requests withholding of income, whichever first occurs.

Source: SL 1986, ch 218, § 22; SL 1990, ch 188, § 1; SL 2003, ch 146, § 1.
S.D. Codified Laws § 25-5-35 — SD Code / Title 25 / Chapter 5 / Section 25-5-35
Breastfeeding permitted in certain locations
Status: in_force

A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breast feeding in public places.

Source: SL 2015, ch 145, § 1.
S.D. Codified Laws § 25-1-36 — SD Code / Title 25 / Chapter 1 / Section 25-1-36
Return of marriage performed without person authorized to perform--Failure as petty offense
Status: in_force

Persons married in accordance with the creed or custom of any sect or denomination to which they belong which dispenses with the services of any minister or other person authorized to perform marriages by § 25-1-30 are themselves required to make return of such marriage within thirty days thereafter to the county register of deeds. It is a petty offense for a husband and wife to fail to make the return of a certificate of a marriage made under this section.

Source: SDC 1939, §§ 14.0119, 14.9905; SL 1984, ch 12, § 27; SL 1988, ch 202, § 8.
S.D. Codified Laws § 25-5A-15 — SD Code / Title 25 / Chapter 5A / Section 25-5A-15
Hearings informal--Best interest of child
Status: in_force

Hearings shall be informal in nature and the best interest of the child shall be considered paramount.

Source: SL 1971, ch 165, § 6 (5).
S.D. Codified Laws § 25-7A-38 — SD Code / Title 25 / Chapter 7A / Section 25-7A-38
Modification, suspension or termination of order for withholding
Status: in_force

At any time, either upon petition of an obligor or obligee and hearing thereon, or without petition, the department may:

(1) Modify, suspend, or terminate the order for withholding because of a modification, suspension, or termination of the underlying order for support or arrearage judgment;

(2) Reduce the amount of income to be withheld to reflect payment in full of the arrearage by income withholding or otherwise;

(3) Suspend the order for withholding because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery; or

(4) Terminate the order for withholding if no current support obligation is due and the arrearage has been paid.

Source: SL 1986, ch 218, § 37.
S.D. Codified Laws § 25-7-22 — SD Code / Title 25 / Chapter 7 / Section 25-7-22
Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses
Status: in_force

In all prosecutions under § 25-7-4 or under §§ 25-7-16 to 25-7-20 , inclusive, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all relevant matters, including the fact of marriage and the parentage of a child or children.

Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1.
S.D. Codified Laws § 25-9C-104 — SD Code / Title 25 / Chapter 9C / Section 25-9C-104
Remedies cumulative
Status: in_force

(a) Remedies provided pursuant to this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) The provisions of this chapter do not:

(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding pursuant to this chapter.

Source: SL 2015, ch 148, § 104.
S.D. Codified Laws § 25-6A-5 — SD Code / Title 25 / Chapter 6A / Section 25-6A-5
"Adoption assistance state" defined
Status: in_force

For the purposes of this chapter, the term, adoption assistance state, means any state that is signatory to an adoption assistance agreement in a particular case.

Source: SL 1990, ch 187, § 3.
S.D. Codified Laws § 25-3-6 — SD Code / Title 25 / Chapter 3 / Section 25-3-6
Fraud 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, at the time of the marriage, the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, 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 injured, within four years after the discovery of the facts constituting the fraud.

Source: SDC 1939, §§ 14.0601 (4), 14.0602 (4).
S.D. Codified Laws § 25-9C-610 — SD Code / Title 25 / Chapter 9C / Section 25-9C-610
Effect of registration for modification
Status: in_force

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of § 25-9C-611 or 25-9C-613 have been met.

Source: SL 2015, ch 148, § 610.
S.D. Codified Laws § 25-10-24 — SD Code / Title 25 / Chapter 10 / Section 25-10-24
Surrender of weapon or concealed pistol permit
Status: in_force

The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant = s possession to local law enforcement.

Source: SL 1989, ch 224, § 3; SL 2016, ch 132, § 5, eff. Jan. 1, 2017.
S.D. Codified Laws § 25-7-7.2 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.2
Expenses incurred on child's behalf--Fee schedule
Status: in_force

The secretary of social services may, pursuant to chapter 1-26 , establish a fee schedule for all expenses incurred on a child's behalf while in the care of the department. Such fees may not exceed actual costs.

Source: SL 1987, ch 189, § 2.
S.D. Codified Laws § 25-4A-4.1 — SD Code / Title 25 / Chapter 4A / Section 25-4A-4.1
Motion for enforcement of visitation rights--Hearing
Status: in_force

If a noncustodial parent believes that the custodial parent has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately set a hearing on the motion, which may not be more than twenty-one days after the filing of the motion.

Source: SL 2018, ch 155, § 2.
S.D. Codified Laws § 25-2-16 — SD Code / Title 25 / Chapter 2 / Section 25-2-16
Definitions
Status: in_force

Terms as used in §§ 25-2-16 to 25-2-25 , inclusive, mean:

(1) "Premarital agreement," an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage;

(2) "Property," any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Source: SL 1989, ch 216, § 1.
S.D. Codified Laws § 25-5A-7 — SD Code / Title 25 / Chapter 5A / Section 25-5A-7
Consent not invalidated by minority
Status: in_force

If the individual in whom the right exists under this chapter to petition or to execute waivers or consents has not reached majority, this fact shall not affect the validity of such petition, consent or waiver notwithstanding any statutory provisions to the contrary.

Source: SL 1971, ch 165, § 10.
S.D. Codified Laws § 25-8-3 — SD Code / Title 25 / Chapter 8 / Section 25-8-3
Liability for pregnancy, childbirth, and postpartum expenses
Status: in_force

The father and mother of a child born out of wedlock are jointly and severally liable to pay the reasonable expenses related to the mother's:

(1) Pregnancy or prenatal care for the child;

(2) Labor and delivery of the child; and

(3) Postpartum recovery and any medical complications arising from pregnancy with the child.

Source: SDC 1939 & Supp 1960, § 37.2101; SL 1984, ch 190, § 3; SL 1997, ch 155, § 31; SL 2023, ch 84, § 1.
S.D. Codified Laws § 25-4-76 — SD Code / Title 25 / Chapter 4 / Section 25-4-76
Equitable division of inadvertently omitted assets
Status: in_force

If the court finds the assets were inadvertently omitted from the division of property, the court shall make an equitable division of the omitted assets. The court shall make an equitable division of the omitted assets, whether the titles to the assets are in the name of the husband or the wife. The court shall consider equity, the circumstances of the parties at the time of the original decree, and the circumstances of the parties when a motion for omitted assets is filed.

Source: SL 2013, ch 118, § 2.
S.D. Codified Laws § 25-4-58 — SD Code / Title 25 / Chapter 4 / Section 25-4-58
Adoption of court rules establishing minimum qualifications of mediator
Status: in_force

The Supreme Court shall adopt rules establishing the minimum qualifications of a mediator. To be included on a list of qualified mediators approved by the court, a person must possess the minimum qualifications.

Source: SL 1996, ch 163, § 2.
S.D. Codified Laws § 25-2-1 — SD Code / Title 25 / Chapter 2 / Section 25-2-1
Respect, fidelity, and support
Status: in_force

Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.

Source: SDC 1939, § 14.0201.
S.D. Codified Laws § 25-10-2 — SD Code / Title 25 / Chapter 10 / Section 25-10-2
Application for relief--Filing--Venue
Status: in_force

An application for relief under this chapter may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides.

Source: SL 1981, ch 198, § 2; SL 1997, ch 118, § 2.
S.D. Codified Laws § 25-5A-30 — SD Code / Title 25 / Chapter 5A / Section 25-5A-30
Surrender of newborn--Newborn's medical history--No parental obligation to provide information
Status: in_force

Any emergency services provider or licensed child placement agency that accepts physical custody of a newborn pursuant to § 25-5A-27 may ask the newborn's parent for information relating to the newborn's medical history and the names of the parents. The parent is not required to provide any information.

Source: SL 2001, ch 132, § 4; SL 2025, ch 107, § 5.
S.D. Codified Laws § 25-5A-34 — SD Code / Title 25 / Chapter 5A / Section 25-5A-34
Surrender of newborn--Definitions
Status: in_force

For the purposes of §§ 25-5A-27 to 25-5A-35 , inclusive, the following terms mean:

(1) "Emergency services provider":

(a) An ambulance service licensed in accordance with chapter 34-11 ;

(b) A fire department;

(c) A health care facility licensed in accordance with chapter 34-12 ; or

(d) A law enforcement agency; and

(2) "Newborn," a child who appears to be sixty days of age or younger.

Source: SL 2001, ch 132, § 8; SL 2025, ch 107, § 9.
S.D. Codified Laws § 25-4B-201 — SD Code / Title 25 / Chapter 4B / Section 25-4B-201
Form of agreement
Status: in_force

(a) The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment.

(b) An agreement under subsection (a) must be:

(1) In writing; and

(2) Signed by both parents and any nonparent to whom custodial responsibility is granted.

(c) Subject to subsection (d), an agreement under subsection (a), if feasible, must:

(1) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;

(2) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;

(3) Specify any decision-making authority that accompanies a grant of caretaking authority;

(4) Specify any grant of limited contact to a nonparent;

(5) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;

(6) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;

(7) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;

(8) Acknowledge that any party's child support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;

(9) Provide that the agreement will terminate according to the procedures under Article 4 after the deploying parent returns from deployment; and

(10) If the agreement must be filed pursuant to § 25-4B-205 , specify which parent is required to file the agreement.

(d) The omission of any of the items specified in subsection (c) does not invalidate an agreement under this section.

Source: SL 2014, ch 123, § 8.
S.D. Codified Laws § 25-1-10.1 — SD Code / Title 25 / Chapter 1 / Section 25-1-10.1
Application for marriage license--Proof of age and identification required--Name changes
Status: in_force

To obtain a marriage license, each applicant shall sign the marriage license application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age before issuance of the marriage license. Proof of age and personal identification must be satisfied by providing a valid:

(1) Passport;

(2) Federal, state, military, or tribal photo identification;

(3) Certified birth certificate, along with a current school or employment photo ID; or

(4) Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed.

On the marriage license application, each applicant shall provide the name the applicant shall be known by after the solemnization of the marriage. This choice must be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name. A surname may only be changed to adopt the spouse's surname or the applicants' hyphenated surnames.

No person may use a power of attorney to obtain a marriage license.

Source: SL 1993, ch 191, § 1; SL 2021, ch 115, § 1; SL 2022, ch 78, § 1.
S.D. Codified Laws § 25-4A-13 — SD Code / Title 25 / Chapter 4A / Section 25-4A-13
Objections to custody or visitation order--Hearing--Temporary order
Status: in_force

If either party objects to the initial custody arrangement in § 25-4A-11 or the standard guidelines, the court shall order a hearing which shall be held not later than thirty days after the date of the objection. In making an order for temporary custody, the order for custody shall reflect the degree of each parent's demonstrated participation in the child's life. The court shall issue a temporary custody and visitation order after considering the best interests of the child consistent with the provisions of § 25-4-45 . If the order for temporary custody results in less than a substantially equal parenting time, the court shall construct a parenting time schedule that maximizes the time each parent has with the child consistent with each parent's demonstrated participation in the child's life and is consistent with ensuring the child's welfare. Each temporary custody order shall include specific findings of fact and conclusions of law, except if the court confirms the agreement of the parties.

Source: SL 2002, ch 125, § 5; SL 2018, ch 156, § 1.
S.D. Codified Laws § 25-6-4 — SD Code / Title 25 / Chapter 6 / Section 25-6-4
Consent of child's parents required for adoption--Court waiver of consent
Status: in_force

No child may be adopted without the consent of the child's parents. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who:

(1) Has been convicted of any crime punishable by imprisonment in a state correctional facility for a period that, in the opinion of the court, will deprive the child of the parent's companionship for a critical period of time;

(2) Has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition;

(3) Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection;

(4) Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court;

(5) Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs;

(6) Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired;

(6A) Has caused the child to be conceived as a result of rape or incest; or

(7) Does not appear personally or by counsel at the hearing to terminate parental rights after notice pursuant to §§ 25-5A-11 and 25-5A-12 which was received at least fifteen days prior to the hearing.

Source: SDC 1939, § 14.0403; SL 1973, ch 163, § 4; SL 1984, ch 188; SL 1996, ch 164, § 2; SL 1997, ch 152, § 1; SL 2006, ch 139, § 1; SL 2018, ch 159, § 1; SL 2023, ch 82, § 94.
S.D. Codified Laws § 25-10-14 — SD Code / Title 25 / Chapter 10 / Section 25-10-14
Citation of chapter
Status: in_force

This chapter may be cited as the Protection from Domestic Abuse Act.

Source: SL 1981, ch 198, § 14.
S.D. Codified Laws § 25-4B-105 — SD Code / Title 25 / Chapter 4B / Section 25-4B-105
Notification required of deploying parent
Status: in_force

(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving an official order to deploy unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.

(b) Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).

(c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

(d) Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.

(e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.

Source: SL 2014, ch 123, § 5.
S.D. Codified Laws § 25-6-13 — SD Code / Title 25 / Chapter 6 / Section 25-6-13
Examination of witnesses and investigations by court--Order of adoption--Contents
Status: in_force

The circuit judge must examine all persons appearing separately and if satisfied from such examination and the report of the investigation that the child is suitable for adoption and the petitioning foster parent or parents financially able and morally fit to have the care and training of such child, that all requirements of the law have been met and that interests of the child will be promoted by the adoption, he must make an order declaring that the child thenceforth shall be the adopted child of the person adopting and shall be regarded and treated in all respects as the child of such person; and which order, among other things, shall contain the following:

(1) The full adoptive name, date of birth, sex, color or race, and place of birth, of the adopted child; and

(2) The full name, date of birth, citizenship, residence, color or race, birthplace, and occupation of both adoptive persons.

Source: SDC 1939, § 14.0406; SL 1945, ch 47, § 1; SL 1947, ch 54.
S.D. Codified Laws § 25-8-60 — SD Code / Title 25 / Chapter 8 / Section 25-8-60
Circumstances where name of father appears with birth record for out of wedlock birth
Status: in_force

In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of competent jurisdiction has issued an order which adjudicates the paternity of the child.

Source: SL 1997, ch 155, § 33.
S.D. Codified Laws § 25-4-14 — SD Code / Title 25 / Chapter 4 / Section 25-4-14
Offer to return curing desertion--Refusal of offer as desertion
Status: in_force

If one party deserts the other and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract and solicits condonation, the desertion is cured. If the other party refuses such offer and condonation, the refusal shall be deemed and treated as desertion by such party from the time of the refusal.

Source: SDC 1939, § 14.0709 (7).
S.D. Codified Laws § 25-7A-48 — SD Code / Title 25 / Chapter 7A / Section 25-7A-48
Order to withhold income of obligor upon request from another state
Status: in_force

Upon receiving a request from the Title IV-D agency of another state that withholding of income of an obligor is required, including the documentation specified in § 25-7A-47 , the department shall issue an order to the payor of income to withhold income or property of the obligor in accordance with the provisions of this chapter.

Source: SL 1986, ch 218, § 48.
S.D. Codified Laws § 25-7-17 — SD Code / Title 25 / Chapter 7 / Section 25-7-17
Abandonment or nonsupport of child by parent as prima facie evidence of intent
Status: in_force

Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omission is intentional and without lawful excuse.

Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1982, ch 195, § 1.
S.D. Codified Laws § 25-7-6.20 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.20
Lien on payment or installment of support under an order of support--Notice
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 any other state or jurisdiction, which is unpaid after the date it is due, is a lien by operation of law, with the full force and effect and attributes of a lien of this state, including enforceability, and is entitled, as a lien, to full faith and credit in this state.

In order to preserve such lien, any Title IV-D agency may perfect and enforce a lien authorized by this section in the same manner as liens are perfected for the specific type of real and personal property upon which the lien is claimed. The priority of the lien shall be established as of its date of filing. The register of deeds office is not entitled to any fee for registering or filing any lien under this section.

However, no lien is attached to any real or personal property which the obligor has transferred to another person who has purchased the property in good faith, for value, prior to the time that the Title IV-D agency's lien on the property has been perfected in the manner provided by law.

Source: SL 1997, ch 155, § 1; SL 1998, ch 156, § 1.
S.D. Codified Laws § 25-4-9 — SD Code / Title 25 / Chapter 4 / Section 25-4-9
Desertion by departure during absence of spouse induced by fraud
Status: in_force

When one party is induced by the stratagem or fraud of the other party to leave the family dwelling place or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud and not by the other.

Source: SDC 1939, § 14.0709 (2).
S.D. Codified Laws § 25-7A-22 — SD Code / Title 25 / Chapter 7A / Section 25-7A-22
Petition for modification of child support--Hearing--Referee's report--Objections--Service--Objection to modification of report
Status: in_force

If the support order was entered in this state and this state maintains continuing exclusive jurisdiction over the support order pursuant to chapter 25-9C , or if the support order was registered in this state and the requirements of § 25-9C-611 or 25-9C-613 are satisfied, an obligor, an obligee, or the assignee may file a petition, on forms prescribed by the department, to increase or decrease child support. For any support order entered or modified after July 1, 1997:

(1) The order may be modified upon showing a substantial change in circumstances if the petition is filed within three years of the date of the order; or

(2) The order may be modified without showing any change in circumstances if the petition is filed after three years of the date of the order.

If a petition is filed, the secretary of social services shall file the petition in the office of the clerk of the circuit court where the original order for support is filed. Any response shall also be provided to the petitioning party. The matter shall 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 monthly support obligation of the parent and for medical support.

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 shall have 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 shall fix a date for hearing on the report, 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 circuit 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 shall fix a date for hearing on the objection and after the hearing shall 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 1986, ch 218, § 21; SL 1987, ch 194; SL 1989, ch 175, § 8; SL 1991, ch 213, § 2; SL 1995, ch 144, § 4; SL 1997, ch 155, § 7; SL 2005, ch 134, § 8; SL 2009, ch 130, § 16; SL 2015, ch 148, § 80.
S.D. Codified Laws § 25-8-7.1 — SD Code / Title 25 / Chapter 8 / Section 25-8-7.1
Court ordered testing for paternity--Filing of results
Status: in_force

In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to § 25-8-64 , upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child, or any alleged father to submit to an examination of blood, tissue, or other bodily substances for the purpose of testing any genetic systems that are generally accepted within the scientific community for the conclusive determination of paternity probability. The results of the tests, together with the opinions and conclusions of the testing laboratory, shall be filed with the court. Upon written agreement of the mother and any presumed or alleged father, tests may be conducted prior to filing of an action. If the action is then filed, the test results shall be filed with the court and admitted into evidence as provided in § 25-8-7.3 .

Source: SL 1989, ch 221, § 1; SL 1994, ch 204, § 13; SL 2001, ch 135, § 1; SL 2013, ch 119, § 15.
S.D. Codified Laws § 25-8-58 — SD Code / Title 25 / Chapter 8 / Section 25-8-58
Genetic test results
Status: in_force

Genetic test results establishing a threshold probability of paternity of ninety - nine percent or more shall create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8 , inclusive, without requiring any further proceedings to establish paternity.

Source: SL 1994, ch 204, § 10.
S.D. Codified Laws § 25-7A-56.5 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.5
Disclosures to Title IV-D agencies
Status: in_force

All entities within this state, including for - profit, nonprofit, and governmental employers shall promptly respond to a request from any Title IV-D agency for information regarding the employment status, rate of compensation, or benefits provided by the employer to any employee or contractor. Any entity who intentionally violates the provisions of this section commits a petty offense.

Source: SL 1997, ch 155, § 24.
S.D. Codified Laws § 25-7A-41 — SD Code / Title 25 / Chapter 7A / Section 25-7A-41
Notice of change of address of obligee
Status: in_force

An obligee who is receiving income withholding payments under this chapter shall notify the department of any change of address within seven days of such change.

Source: SL 1986, ch 218, § 40.
S.D. Codified Laws § 25-7-27 — SD Code / Title 25 / Chapter 7 / Section 25-7-27
Adult child's duty to support parent when necessary--Notice required
Status: in_force

Any adult child, having the financial ability to do so, shall provide necessary food, clothing, shelter, or medical attendance for a parent who is unable to provide for oneself. However, no claim may be made against such adult child until the adult child is given written notice that the child's parent is unable to provide for oneself, and such adult child has refused to provide for the child's parent. Notice required by this section shall be given within ninety days after the necessary food, clothing, shelter, or medical attendance, claimed in the notice, was first provided for the parent. However, in the case of fraud or misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation is known or should have been known. If the parent or someone acting on behalf of the parent makes application for assistance pursuant to chapter 28-13 , the county shall give the written notice required herein within ninety days after it receives the application or notice required under § 28-13-1 , 28-13-32.3 , 28-13-32.4 , or 28-13-34.1 , whichever is sooner.

Source: SDC 1939, § 14.0320 as enacted by SL 1963, ch 61; SL 2000, ch 118, § 1.
S.D. Codified Laws § 25-4A-32 — SD Code / Title 25 / Chapter 4A / Section 25-4A-32
Court-approved parenting education for child custody and visitation actions
Status: in_force

The parties to any action which involves the issues of child custody or parenting time will be required to participate in a court-approved course to educate the parties concerning the impact of the action on the child or children. The course shall be completed within sixty days of the service of the summons and complaint, petition or motion in any action involving child custody or parenting time. Participation in the course may only be waived or delayed by the judge presiding over the action for good cause shown. Good cause includes but is not limited to a default by one of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent within the past five years.

Participation in the course is not required for a protection order proceeding or if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until both parties have complied with this requirement, unless participation in the course is waived or delayed for good cause or is otherwise not required. Each party shall be responsible for arranging their participation in the course and for payment of the costs of participation in the course.

Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order, unless participation in the course is waived or delayed for good cause or is otherwise not required as set forth herein. If participation in the court-approved course is waived or delayed for good cause or is otherwise not required under this section, the judge presiding over the action may order that the parties receive the information in an alternative format.

The State Court Administrator’s Office shall certify approved courses for parties required to participate in a course. Approved courses may include those provided by a public or private entity. At a minimum and as appropriate, an approved course shall include information related to the effects of separation or divorce on children, co-parenting skills and responsibilities, children's needs and coping techniques, the options for conflict resolution for parenting time and custodial disputes and the financial responsibilities of parents.

Source: SL 2022, ch 262 (Supreme Court Rule 22-09), eff. Sep. 1, 2022.
S.D. Codified Laws § 25-10-16 — SD Code / Title 25 / Chapter 10 / Section 25-10-16
Award of domestic violence program funds--Recipients--Restricted use--Administrative costs
Status: in_force

The board of county commissioners shall award domestic violence program funds to domestic violence programs that are locally controlled and situated in the state. The funds may be awarded to either local governmental or nongovernmental agencies or organizations, and may not be used for anything other than the costs of local programs or shelters. No award of funds may be contingent upon the county receiving individual client information. The county may retain ten percent of the county domestic violence program funds for administrative costs. The board of county commissioners shall distribute the money in the county domestic violence program fund to the recipients authorized by this section no less than annually.

Source: SL 1983, ch 204, § 5; SL 1993, ch 192, § 2; SL 1994, ch 211; SL 2011, ch 132, § 1.
S.D. Codified Laws § 25-10-12.3 — SD Code / Title 25 / Chapter 10 / Section 25-10-12.3
Reliance on foreign order--Immunity from liability
Status: in_force

A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to § 25-10-13 for any violation of the foreign order in the same manner as for violation of a protection order issued in this state. A law enforcement officer may rely on the statement of the person protected by the foreign order that the order is in effect and that the respondent was personally served with a copy of the order. A law enforcement officer acting in good faith and without malice in enforcing a foreign order under this section is immune from civil or criminal liability for any action arising in connection with the enforcement of the foreign domestic violence protection order.

Source: SL 2003, ch 148, § 3.
S.D. Codified Laws § 25-7-26.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-26.1
Posting bond by obligor--Notice
Status: in_force

In any civil or administrative action provided by law for the enforcement of support, any person owing the support may be required to give security, or post a bond or undertaking to secure payment of the overdue support. Notice shall be sent to the obligor regarding the proposed action to enforce the overdue support obligation, the requirement of posting bond and the procedures available for contesting the bonding requirement.

Source: SL 1986, ch 218, § 55.
S.D. Codified Laws § 25-10-4 — SD Code / Title 25 / Chapter 10 / Section 25-10-4
Hearing--Time--Service on respondent
Status: in_force

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.

Source: SL 1981, ch 198, § 4; SL 1985, ch 210; SL 1994, ch 208, § 2; SL 2009, ch 131, § 1.
S.D. Codified Laws § 25-9C-304 — SD Code / Title 25 / Chapter 9C / Section 25-9C-304
Duties of initiating tribunal
Status: in_force

(a) Upon the filing of a petition authorized pursuant to this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

Source: SL 2015, ch 148, § 304.
S.D. Codified Laws § 25-7-30 — SD Code / Title 25 / Chapter 7 / Section 25-7-30
Proof of marriage and parentage
Status: in_force

No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action.

Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1.
S.D. Codified Laws § 25-4-18 — SD Code / Title 25 / Chapter 4 / Section 25-4-18
Chronic mental illness as discretionary ground
Status: in_force

In case of incurable, chronic mania or dementia of either spouse having existed for five years or more, while under confinement by order of a court of record or of the Board of Mental Illness as provided by law, the court may in its discretion grant a divorce.

Source: SDC 1939, § 14.0703 (7).
S.D. Codified Laws § 25-1-38 — SD Code / Title 25 / Chapter 1 / Section 25-1-38
Validity of marriages contracted outside state--Same-sex marriages excluded
Status: in_force

Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.

Source: SDC 1939, § 14.0103; SL 2000, ch 115, § 1.
S.D. Codified Laws § 25-8-7.3 — SD Code / Title 25 / Chapter 8 / Section 25-8-7.3
Test results--Documentation--Filing objections to admissibility
Status: in_force

The chain of custody of the blood, tissue, or other bodily substance taken under §§ 25-8-7.1 and 25-8-7.2 may be established through certified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the documentation. Any objections to the admissibility of the genetic test results shall be made in writing and filed with the court at least twenty days prior to any trial or hearing to establish paternity. If written objections are not filed with the court, the genetic test results are admissible as evidence of paternity without further testimony regarding foundation, accuracy, or authenticity.

Source: SL 1989, ch 221, § 3; SL 1994, ch 204, § 15.
S.D. Codified Laws § 25-7-9 — SD Code / Title 25 / Chapter 7 / Section 25-7-9
Adult child supported by parent
Status: in_force

Except as provided in § 25-5-18.1 , if a child, after attaining majority continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor.

Source: SDC 1939, § 14.0317; SL 1987, ch 192.
S.D. Codified Laws § 25-5-3 — SD Code / Title 25 / Chapter 5 / Section 25-5-3
Presumption of parentage
Status: in_force

The husband and wife are presumed to be the parents of any child born to the wife during the marriage or within ten months after the dissolution of the marriage.

Source: SDC 1939, § 14.0301; SL 1991, ch 210, § 3; SL 1994, ch 194.
S.D. Codified Laws § 25-10-11 — SD Code / Title 25 / Chapter 10 / Section 25-10-11
Real estate titles not affected
Status: in_force

No order issued pursuant to this chapter may affect title to real estate.

Source: SL 1981, ch 198, § 11.
S.D. Codified Laws § 25-7A-59 — SD Code / Title 25 / Chapter 7A / Section 25-7A-59
Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty
Status: in_force

In any case where there is in effect an order for support requiring an obligor to provide medical support for a dependent child, the employer of the obligor, upon receiving a national medical support notice from any Title IV-D agency is required to complete the applicable sections and forward the notice to the persons or entities specified in the notice within twenty business days of the date of the notice. Upon receiving notice of successful enrollment, the employer shall withhold from the employee's compensation the employee's share of premiums, if any, for health coverage required for the medical support of the dependent child. Any employer withholding compensation from an employee for the purposes set forth in this section is required to pay, upon the premium due date, the employee's share of the premium to the insurer providing the health coverage for the dependent child. The total amount withheld for support and health insurance premiums may not exceed the amount specified in § 25-7A-32 , giving priority to the payment of current and past - due support.

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

Source: SL 1994, ch 387, § 17; SL 2002, ch 128, § 2.
S.D. Codified Laws § 25-3-9 — SD Code / Title 25 / Chapter 3 / Section 25-3-9
Parties bound by annulment
Status: in_force

A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them.

Source: SDC 1939, § 14.0605.
S.D. Codified Laws § 25-7A-56.3 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.3
Administrative authority of Title IV-D agency in paternity and support actions
Status: in_force

In actions involving either the establishment of paternity, or the establishment, modification, or enforcement of a support order, any Title IV-D agency shall have the administrative authority to perform the following functions without the necessity of obtaining an order from any other judicial or administrative entity:

(1) To order genetic testing for purposes of paternity establishment;

(2) To administratively subpoena any financial or other information needed by the department to establish, modify, or enforce a child support order.

Any person or entity who intentionally fails to respond to a subpoena issued by the department pursuant to this section commits a petty offense.

Source: SL 1997, ch 155, § 22.
S.D. Codified Laws § 25-6-10 — SD Code / Title 25 / Chapter 6 / Section 25-6-10
Petition--Time of hearing--Investigation ordered--Report
Status: in_force

Whenever a person, or a husband and wife jointly, petition the circuit court for leave to adopt a minor child, the judge of the circuit court must fix a time for hearing not less than ten days from the filing of the petition. A petitioner may file the petition with the circuit court before the six - month period required by § 25-6-9 has passed. The circuit court may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct an agent of the Department of Social Services or another competent person to make a careful and thorough investigation of the matter and report the findings in writing to the court. The investigative report must include the history of any previous child support obligations of each prospective adoptive parent.

Source: SDC 1939, § 14.0406; SL 1945, ch 47, § 1; SL 1947, ch 54; SL 1979, ch 167, § 1; SL 1990, ch 186; SL 2000, ch 117, § 1; SL 2024, ch 97, § 1.
S.D. Codified Laws § 25-4-17.3 — SD Code / Title 25 / Chapter 4 / Section 25-4-17.3
Use of affidavits to establish jurisdiction and grounds for divorce
Status: in_force

In any action for divorce or separate maintenance in which the parties have consented to the use of irreconcilable differences, the court may grant the divorce based on the affidavits of the parties establishing the requisite jurisdiction and grounds for the divorce or separate maintenance action without requiring their personal appearance.

Source: SL 1987, ch 187, § 1.
S.D. Codified Laws § 25-4-4 — SD Code / Title 25 / Chapter 4 / Section 25-4-4
Extreme cruelty defined
Status: in_force

Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.

Source: SDC 1939, § 14.0708.
S.D. Codified Laws § 25-4B-501 — SD Code / Title 25 / Chapter 4B / Section 25-4B-501
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2014, ch 123, § 28.
S.D. Codified Laws § 25-4-21 — SD Code / Title 25 / Chapter 4 / Section 25-4-21
Collusion defined
Status: in_force

Collusion is an agreement between husband and wife that one of them shall commit or appear to have committed or to be represented in court as having committed acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce.

Source: SDC 1939, § 14.0715.
S.D. Codified Laws § 25-2-17 — SD Code / Title 25 / Chapter 2 / Section 25-2-17
Formalities
Status: in_force

A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.

Source: SL 1989, ch 216, § 2.
S.D. Codified Laws § 25-4-46 — SD Code / Title 25 / Chapter 4 / Section 25-4-46
Alimony, support, property, and child custody provisions subject to review on appeal
Status: in_force

The disposition of the homestead by the court, and all orders and decrees touching the alimony and maintenance of a spouse, and for the custody, education, and support of the children as above provided are subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.

Source: SDC 1939, § 14.0728; SL 1979, ch 165, § 5.
S.D. Codified Laws § 25-7-1 — SD Code / Title 25 / Chapter 7 / Section 25-7-1
Duty to support spouse
Status: in_force

A person shall support himself or herself and his or her spouse out of his or her property or by his or her labor.

Source: SDC 1939, § 14.0209; SL 1984, ch 12, § 46.
S.D. Codified Laws § 25-7A-57 — SD Code / Title 25 / Chapter 7A / Section 25-7A-57
Award of attorney fees and costs in child support modification hearings
Status: in_force

In any hearing for modification of support, the referee may recommend the imposition of attorney fees and costs. If the referee determines that the filing is frivolous or vexatious, the referee may also recommend the imposition of any additional costs incurred by the innocent parent including lost wages, travel expenses, and the cost of the referee.

Source: SL 1994, ch 203.
S.D. Codified Laws § 25-3-3 — SD Code / Title 25 / Chapter 3 / Section 25-3-3
Legitimacy of children after annulment for former marriage or mental illness
Status: in_force

Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents.

Source: SDC 1939, § 14.0603.
S.D. Codified Laws § 25-5A-16 — SD Code / Title 25 / Chapter 5A / Section 25-5A-16
Determination that petitioners know consequences
Status: in_force

At the time of the hearing the court, after full and complete inquiry, shall determine whether the petitioner or petitioners are fully aware of the purpose of the proceedings and the consequences of their act.

Source: SL 1971, ch 165, § 6 (8).
S.D. Codified Laws § 25-9C-204 — SD Code / Title 25 / Chapter 9C / Section 25-9C-204
Simultaneous proceedings
Status: in_force

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) If relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) The contesting party timely challenges the exercise of jurisdiction in this state; and

(3) If relevant, the other state or foreign country is the home state of the child.

Source: SL 2015, ch 148, § 204.
S.D. Codified Laws § 25-8-52 — SD Code / Title 25 / Chapter 8 / Section 25-8-52
Rebuttable presumption of paternity--Signed and notarized affidavit
Status: in_force

A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8 , inclusive, without requiring any further proceedings to establish paternity.

Source: SL 1994, ch 204, § 3.
S.D. Codified Laws § 25-10-13 — SD Code / Title 25 / Chapter 10 / Section 25-10-13
Protection order--Violation--Penalty
Status: in_force

If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to § 25-10-12.1 or 25-10-25 , or if a no contact order is issued pursuant to § 25-10-23 or 25-10-25 , and if the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute a violation of § 22-18-1 , 22-18-1 .1, or 22-19A-1 , the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19 , or § 22-19A-16 , or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under this chapter is in addition to other civil or criminal remedies.

Source: SL 1981, ch 198, § 13; SL 1984, ch 191, § 3; SL 1994, ch 209; SL 2004, ch 176, § 1; SL 2006, ch 130, § 11; SL 2008, ch 133, § 1; SL 2011, ch 115, § 2; SL 2013, ch 120, § 1; SL 2015, ch 149, § 1; SL 2020, ch 76, § 3; SL 2021, ch 90, § 3.
S.D. Codified Laws § 25-5-25 — SD Code / Title 25 / Chapter 5 / Section 25-5-25
Age of majority for certain purposes--Parent or guardian liability
Status: in_force

An emancipated minor shall be considered as being over the age of majority for the following purposes:

(1) For the purpose of consenting to medical, chiropractic, optometric, dental, or psychiatric care, without parental consent, knowledge or liability;

(2) For the purpose of his capacity to enter into a binding contract;

(3) For the purpose of his capacity to sue and be sued in his own name;

(4) For the purpose of his right to support by his parents;

(5) For purposes of the rights of his parents to his earnings, and to control him;

(6) For the purpose of establishing his own residence;

(7) For the purpose of buying or selling real property;

(8) For the purpose of ending all vicarious liability of the minor's parents or guardian for the minor's torts; and

(9) For the purpose of enrolling in any school or college.

Nothing in this section may be construed to relieve the minor's parents or guardian from any liability for the torts of an emancipated minor if the liability arises out of an agency relationship, out of the operation of a motor vehicle as provided in § 25-5-15 or some other principle of law other than the parent - child relationship.

Source: SL 1991, ch 211, § 2.
S.D. Codified Laws § 25-10-25 — SD Code / Title 25 / Chapter 10 / Section 25-10-25
Convicted defendant prohibited from contacting victim
Status: in_force

The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order.

Source: SL 1989, ch 224, § 4.
S.D. Codified Laws § 25-5-30 — SD Code / Title 25 / Chapter 5 / Section 25-5-30
Circumstances suggesting serious detriment to child
Status: in_force

Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances:

(1) The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;

(2) The extended, unjustifiable absence of parental custody;

(3) The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;

(4) The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;

(5) The substantial enhancement of the child's well - being while under the care of a person other than the parent;

(6) The extent of the parent's delay in seeking to reacquire custody of the child;

(7) The demonstrated quality of the parent's commitment to raising the child;

(8) The likely degree of stability and security in the child's future with the parent;

(9) The extent to which the child's right to an education would be impaired while in the custody of the parent; or

(10) Any other extraordinary circumstance that would substantially and adversely impact the welfare of the child.

Source: SL 2002, ch 126, § 2.
S.D. Codified Laws § 25-7-14 — SD Code / Title 25 / Chapter 7 / Section 25-7-14
Reimbursement of county from deceased parent's estate for support provided child
Status: in_force

If a parent chargeable with the support of a child dies leaving it chargeable upon the county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the county, may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as creditors against the estate and against the heirs, devisees, and next of kin of the parent.

Source: SDC 1939, § 14.0315.
S.D. Codified Laws § 25-5A-21 — SD Code / Title 25 / Chapter 5A / Section 25-5A-21
Remedy cumulative
Status: in_force

This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely.

Source: SL 1971, ch 165, § 12.
S.D. Codified Laws § 25-8-9 — SD Code / Title 25 / Chapter 8 / Section 25-8-9
Time for bringing proceedings
Status: in_force

Proceedings to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.

Source: SDC 1939 & Supp 1960, § 37.2131; SL 1983, ch 207, § 2; SL 1986, ch 218, § 57; SL 1989, ch 222; SL 2013, ch 119, § 16.
S.D. Codified Laws § 25-6-20 — SD Code / Title 25 / Chapter 6 / Section 25-6-20
Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional
Status: in_force

The provisions of §§ 25-6-6 to 25-6-8 , inclusive, and of §§ 25-6-16 and 25-6-17 shall be applicable to adult adoption, but a new birth certificate shall be issued only if requested in the petition.

Source: SDC 1939, § 14.0406 as added by SL 1961, ch 216.
S.D. Codified Laws § 25-1-1 — SD Code / Title 25 / Chapter 1 / Section 25-1-1
Marriage defined--Consent and solemnization required
Status: in_force

Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.

Source: SDC 1939, § 14.0101; SL 1959, ch 50, § 1; SL 1996, ch 161.
S.D. Codified Laws § 25-7A-56.1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.1
Revocation, suspension, or restriction of licenses of child support obligors
Status: in_force

A circuit court may revoke, suspend, or restrict a person's drivers, professional, occupational, sporting, or recreational license if the person owes past - due support, or if the person, after receiving appropriate notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding.

Source: SL 1997, ch 155, § 20; SL 1998, ch 157, § 6.
S.D. Codified Laws § 25-4-69 — SD Code / Title 25 / Chapter 4 / Section 25-4-69
Parenting coordinator fees and costs
Status: in_force

A parenting coordinator shall disclose how fees and costs will be calculated for any services rendered and such fees and costs are subject to the approval of the court. The fees and costs for any parenting coordinator shall be at the sole expense of the parties. The court will determine the allocation of any fees between the parties in the order of appointment and may through subsequent court order change the allocation of fees and reallocate fees already paid based on the circumstances of any particular case.

Source: SL 2013, ch 268, § 6 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-7-6.26 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.26
Imputation of income--Grounds--Considerations--Individuals excluded
Status: in_force

A court may impute a parent's income for purposes of child support if:

(1) The parent does not produce sufficient proof of income;

(2) The parent's employment status is unknown;

(3) The parent is underemployed; or

(4) The parent is unemployed.

The income amount imputed may not be less than the current state minimum wage multiplied by one thousand eight hundred twenty hours.

To determine the amount of income to impute to the parent, the court may consider any factor relevant to the parent's ability to earn income, including the parent's age, criminal record, education, experience, health, occupational skills, the employment opportunities in the geographical area where the parent resides.

The amount of income imputed may be based on the parent's past income data, data on wage rates for various occupations and locations published by the United States Bureau of Labor Statistics or any other federal or state government agency, or job advertisements.

No income may be imputed to a parent who has been sentenced to serve a term of incarceration or confinement of more than one hundred eighty days, or to a parent who is physically or mentally disabled to the extent that the parent cannot earn income.

Source: SL 2009, ch 130, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2013, ch 119, § 2; SL 2022, ch 81, § 7; SL 2026, ch 121, § 5.
S.D. Codified Laws § 25-4-72 — SD Code / Title 25 / Chapter 4 / Section 25-4-72
Authority of court
Status: in_force

The appointment of a parenting coordinator does not divest the court of its exclusive jurisdiction to determine fundamental issues of custody, visitation and support, and the authority to exercise management and control of the case.

Source: SL 2013, ch 268, § 9 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-8-51 — SD Code / Title 25 / Chapter 8 / Section 25-8-51
Forwarding of affidavit of paternity to Department of Social Services
Status: in_force

Notwithstanding § 34-25-16.4 , upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health.

Source: SL 1994, ch 204, § 2.
S.D. Codified Laws § 25-4-17 — SD Code / Title 25 / Chapter 4 / Section 25-4-17
Continuous period of desertion, neglect, or intemperance required
Status: in_force

Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for divorce.

Source: SDC 1939, § 14.0712.
S.D. Codified Laws § 25-7-24 — SD Code / Title 25 / Chapter 7 / Section 25-7-24
Release on undertaking to support spouse or child--Amount and terms of undertaking
Status: in_force

If after arrest and before trial or after conviction and before sentence, the party arrested or convicted pursuant to § 25-7-4 or §§ 25-7-16 to 25-7-20 , inclusive, shall appear before the court in which the case is pending or the conviction had and enter into an undertaking to the state in a sum to be fixed by the court, which may not exceed two thousand dollars, with or without sureties as may be determined by the court, conditioned that the party will furnish his or her spouse with necessary and proper home, food, care, and clothing, or that the party will furnish his or her child with a proper home, food, care, and clothing, then the court may release the defendant.

Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 52.
S.D. Codified Laws § 25-7-23 — SD Code / Title 25 / Chapter 7 / Section 25-7-23
Abandonment and nonsupport of spouse or children as prima facie evidence of intent
Status: in_force

Proof of the abandonment and nonsupport of a spouse, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter, or medical attendance is intentional.

Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1; SL 1984, ch 12, § 51.
S.D. Codified Laws § 25-4A-30 — SD Code / Title 25 / Chapter 4A / Section 25-4A-30
Commission on Parenting Time Guidelines--Composition
Status: in_force

The commission shall be composed of seven members.

(1) The Supreme Court shall appoint the following positions:

(1) A member of the South Dakota Judiciary;

(2) A member in good standing of the South Dakota State Bar;

(3) A professional in the field of childhood development.

(4) The Governor shall appoint the following two positions:

(5) Noncustodial parent;

(6) Custodial parent.

(2) The Speaker of the House of Representatives shall appoint the following

(1) State Representative.

(3) The President Pro Tempore of the Senate shall appoint the following position:

(1) State Senator.

Source: SL 2021, ch 250 (Supreme Court Rule 20-04), eff. Aug. 26, 2020.
S.D. Codified Laws § 25-6A-12 — SD Code / Title 25 / Chapter 6A / Section 25-6A-12
Fraudulent claims
Status: in_force

The submission of any claim for payment or reimbursement for services or benefits pursuant to §§ 25-6A-10 and 25-6A-11 , or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be a crime as defined by chapters 22-29 and 22-45 .

Source: SL 1990, ch 187, § 10.
S.D. Codified Laws § 25-7A-49 — SD Code / Title 25 / Chapter 7A / Section 25-7A-49
Law applicable to withholding of income derived within state
Status: in_force

Except with respect to when income withholding shall be implemented, which shall be controlled by the law of the state in which the support order is entered, the law and procedures of this state are applicable to the withholding of income of an obligor deriving income within this state.

Source: SL 1986, ch 218, § 49.
S.D. Codified Laws § 25-7A-47 — SD Code / Title 25 / Chapter 7A / Section 25-7A-47
Request to another state to withhold income of obligor
Status: in_force

The department shall request the Title IV-D agency of another state in which an obligor who is delinquent in his support obligation, derives income, to enter an order for the purpose of withholding of income for support. The request shall advise the agency to provide proper notice of withholding to the obligor, including the opportunity to contest the withholding of income, and to order the payor of income to withhold the amount requested. The request shall contain a copy of the order for support, the amount to be withheld, a statement of the arrearage, and any other information necessary to carry out the withholding of income.

Source: SL 1986, ch 218, § 47; SL 1998, ch 157, § 4.
S.D. Codified Laws § 25-7-6.24 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.24
Change of physical custody of child without court approval--Order to pay child support
Status: in_force

If the parents of a child have agreed to a change in the physical custody of the child without the court's approval, the parent who relinquished physical custody may be ordered to pay child support to the parent who gained physical custody of the child even though the custody order has not been modified to reflect the change in custody.

There is a rebuttable presumption that a parent has agreed to a change in physical custody if the change has occurred for a period of one hundred twenty consecutive days or more and the parent has not formally objected to the court, even in the absence of a formal written agreement.

Source: SL 2005, ch 134, § 11; SL 2018, ch 161, § 1.
S.D. Codified Laws § 25-6A-9 — SD Code / Title 25 / Chapter 6A / Section 25-6A-9
Medical assistance identification for special needs child
Status: in_force

Any resident child with special needs who is the subject of an adoption assistance agreement with another state is entitled to receive a medical assistance identification from this state upon the filing in the Department of Social Services of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department of Social Services, promulgated pursuant to chapter 1-26 , the adoptive parents shall at least annually show that the agreement is still in force or has been renewed.

Source: SL 1990, ch 187, § 7.
S.D. Codified Laws § 25-8-55 — SD Code / Title 25 / Chapter 8 / Section 25-8-55
Default judgment establishing paternity
Status: in_force

Any default judgment establishing paternity shall be obtained in accordance with the provisions of § 15-6-55 .

Source: SL 1994, ch 204, § 7.
S.D. Codified Laws § 25-10-18 — SD Code / Title 25 / Chapter 10 / Section 25-10-18
Guidelines for awarding domestic violence program funds
Status: in_force

Domestic violence program funds shall be awarded by the board of county commissioners to domestic violence programs that meet the requirements of § 25-10-28 within the following guidelines:

(1) Equitable distribution of funds according to need;

(2) Distribution of funds through grants to private, nonprofit organizations;

(3) Assurance of proper fiscal control and fund accounting procedures;

(4) Exchange of technical assistance with other related programs;

(5) Assurance of proper recordkeeping and reporting procedures; and

(6) Assurance of full opportunity for active citizen participation.

Source: SL 1983, ch 204, § 7; SL 2011, ch 132, § 2.
S.D. Codified Laws § 25-5A-20 — SD Code / Title 25 / Chapter 5A / Section 25-5A-20
Records confidential
Status: in_force

The files and records of the court in proceedings under this chapter, and all matters therein, shall remain confidential and shall not be open to inspection or copy by any person, except under order of the court expressly permitting inspection or copy.

Source: SL 1971, ch 165, § 9.
S.D. Codified Laws § 25-4-11 — SD Code / Title 25 / Chapter 4 / Section 25-4-11
Separation by consent not desertion
Status: in_force

Separation by consent with or without the understanding that one of the parties will apply for a divorce is not desertion.

Source: SDC 1939, § 14.0709 (4).
S.D. Codified Laws § 25-4-73 — SD Code / Title 25 / Chapter 4 / Section 25-4-73
Standards of conduct for parenting coordinators
Status: in_force

Parenting coordinators are expected to conduct themselves by the highest ethical standards. Parenting coordinators should conduct themselves according to the following general principles:

(1) A parenting coordinator should recognize that success is based on participation and self-determination by the parties. A parenting coordinator shall conduct any session fairly, diligently, impartially and in a manner consistent with assisting the parties under the direction of the court's order and in the best interests of the children.

(2) A parenting coordinator shall fully disclose to all parties involved any actual or potential conflict of interest. A parenting coordinator shall not accept or shall withdraw from any matter in which the parenting coordinator has reason to believe he or she cannot proceed in an impartial manner. After full disclosure of an actual or potential conflict of interest to the parties, the parenting coordinator shall withdraw from the case if requested by any party to do so within ten days of the disclosure.

(3) A parenting coordinator shall maintain impartiality in the process of parenting coordination. Impartiality means freedom from favoritism or bias in word, action or appearance, and includes a commitment to assist all parties, as opposed to any one individual. A parenting coordinator shall withdraw if the parenting coordinator determines he or she cannot act in an impartial or objective manner.

(4) A parenting coordinator shall not provide any other professional services to either party or the minor children while serving as a parenting coordinator. A parenting coordinator shall also ensure that any prior history of involvement with the parties does not conflict with the role of parenting coordinator, and shall not assume a role subsequent to acting as parenting coordinator which conflicts with the prior role of parenting coordinator.

(5) Incidents of suspected child or adult abuse or neglect that meet the mandatory reporting standards under South Dakota law shall be reported by the Parenting Coordinator to the appropriate authorities.

(6) A parenting coordinator should make a conscious effort to recognize violence or abuse by or against the parties or children. A parenting coordinator shall consider the safety of all involved when structuring the parenting coordination process and may recommend that parenting coordination is not appropriate for the parties.

Source: SL 2013, ch 268, § 10 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-10-7 — SD Code / Title 25 / Chapter 10 / Section 25-10-7
Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability
Status: in_force

An ex parte temporary protection order is effective for a period of thirty days except as provided in § 25-10-7.1 unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:

(1) The parties stipulate to an additional continuance; or

(2) The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.

If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The ex parte order shall be served without delay under the circumstances of the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall notify the petitioner by telephone or written correspondence when the order is served if the petitioner has provided to the law enforcement agency either a telephone number or address, or both, where the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement agency is immune from civil and criminal liability if the agency or the officer makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section.

Source: SL 1981, ch 198, § 7; SL 1986, ch 220, § 1; SL 1994, ch 208, § 4; SL 2000, ch 119, § 2; SL 2004, ch 175, § 1; SL 2005, ch 136, § 1; SL 2009, ch 132, § 1; SL 2016, ch 142, § 1.