reglab/housing_qa huggingface dataset:
SD Codified L § 25-4B-305 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-305 - Effect of prior judicial order or agreement.

25-4B-305. Effect of prior judicial order or agreement.In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply:(1)A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility;(2)The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Article 2, unless the court finds that the agreement is contrary to the best interest of the child. Source: SL 2014, ch 123, §17.
SD Codified L § 25-4B-306 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-306 - Grant of caretaking or decision-making authority to nonparent.

25-4B-306. Grant of caretaking or decision-making authority to nonparent.(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.(b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:(1)The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or(2)In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.(c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. Source: SL 2014, ch 123, §18.
SD Codified L § 25-4B-307 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-307 - Grant of limited contact.

25-4B-307. Grant of limited contact.On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship. Source: SL 2014, ch 123, §19.
SD Codified L § 25-4B-308 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-308 - Nature of authority created by temporary custody order.

25-4B-308. Nature of authority created by temporary custody order.(a) A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.(b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this Article has standing to enforce the grant until it is terminated by court order or under Article 4. Source: SL 2014, ch 123, §20.
SD Codified L § 25-4B-309 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-309 - Content of temporary custody order.

25-4B-309. Content of temporary custody order.(a) An order granting custodial responsibility under this Article must:(1)Designate the order as temporary; and(2)Identify to the extent feasible the destination, duration, and conditions of the deployment.(b) If applicable, an order for custodial responsibility under this Article must:(1)Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;(2)If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;(3)Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;(4)Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;(5)Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and(6)Provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment. Source: SL 2014, ch 123, §21.
SD Codified L § 25-4B-310 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-310 - Order for child support.

25-4B-310. Order for child support.If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed pursuant to Article 2, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction pursuant to chapter 25-9C. Source: SL 2014, ch 123, §22; SL 2015, ch 148, §79.
SD Codified L § 25-4B-311 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-311 - Modifying or terminating grant of custodial responsibility to nonparent.

25-4B-311. Modifying or terminating grant of custodial responsibility to nonparent.(a) Except for an order under §25-4B-305, except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this Article and it is in the best interest of the child. A modification is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.(b) On motion of a deploying parent, the court shall terminate a grant of limited contact. Source: SL 2014, ch 123, §23.
SD Codified L § 25-4B-401 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-401 - Procedure for terminating temporary grant of custodial responsibility established by agreement.

25-4B-401. Procedure for terminating temporary grant of custodial responsibility established by agreement.(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.(b) A temporary agreement under Article 2 granting custodial responsibility terminates:(1)If an agreement to terminate under subsection (a) specifies a date for termination, on that date; or(2)If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.(c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.(d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to §25-4B-205 or a temporary order for child support was entered pursuant to §25-4B-310, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate. Source: SL 2014, ch 123, §24.
SD Codified L § 25-4B-402 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order.

25-4B-402. Consent procedure for terminating temporary grant of custodial responsibility established by court order.At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately. Source: SL 2014, ch 123, §25.
SD Codified L § 25-4B-403 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-403 - Visitation before termination of temporary grant of custodial responsibility.

25-4B-403. Visitation before termination of temporary grant of custodial responsibility.After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Articles 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment. Source: SL 2014, ch 123, §26.
SD Codified L § 25-4B-404 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-404 - Termination by operation of law of temporary grant of custodial responsibility established by court order.

25-4B-404. Termination by operation of law of temporary grant of custodial responsibility established by court order.(a) If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.(b) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by law of this state other than this chapter. Source: SL 2014, ch 123, §27.
SD Codified L § 25-4B-501 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-501 - Uniformity of application and construction.

25-4B-501. Uniformity of application and construction.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.
SD Codified L § 25-4B-502 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-502 - Relation to Electronic Signatures in Global and National Commerce Act.

25-4B-502.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S. C. Section 7003(b). Source: SL 2014, ch 123, §29.
SD Codified L § 25-4B-503 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-503 - Savings clause.

25-4B-503. Savings clause.This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014. Source: SL 2014, ch 123, §30.
SD Codified L § 25-5-3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-3 - Presumption of parentage.

25-5-3. Presumption of parentage.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.
SD Codified L § 25-5-6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-6 - Parental control of child's property.

25-5-6. Parental control of child's property.The parent, as such, has no control over the property of the child. Source: SDC 1939, §14.0318.
SD Codified L § 25-5-7 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7 - Parents equally entitled to custody and earnings of child born in wedlock.

25-5-7. Parents equally entitled to custody and earnings of child born in wedlock.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.
SD Codified L § 25-5-7.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.1 - Joint legal custody order--Factors for court's consideration--Joint physical custody.

25-5-7.1. Joint legal custody order--Factors for court's consideration--Joint physical custody.In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of the child. In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child. If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child. If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent. Source: SL 1989, ch 217, §1; SL 2011, ch 131, §1; SL 2012, ch 141, §1.
SD Codified L § 25-5-7.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.2 - Residential parent to make routine decisions concerning child.

25-5-7.2. Residential parent to make routine decisions concerning child.During the time a child, over whom the court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child. Source: SL 1989, ch 217, §2.
SD Codified L § 25-5-7.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.3 - Parents to have equal access to records pertaining to child--Name and address of both parents to be listed.

25-5-7.3. Parents to have equal access to records pertaining to child--Name and address of both parents to be listed.Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, orthodontia, optometric and similar health care, and school records shall be made equally available to both parents. Counseling, psychiatric, psychotherapy, and other records subject to confidentiality or privilege shall only be released in accordance with state and federal law; but, if available to one parent, shall be available to both. The parents shall make reasonable efforts to ensure that the name and address of the other parent is listed on all such records. Source: SL 1989, ch 217, §3; SL 2008, ch 129, §1.
SD Codified L § 25-5-7.4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.4 - Written applications to enroll child in activity or program to provide name and address of other parent.

25-5-7.4. Written applications to enroll child in activity or program to provide name and address of other parent.If either parent enrolls the child in any social, beneficent, religious, or peer group activity, service, benefit, or program for which written application is required, the enrolling parent shall provide the name and address of the other parent on, or supplementary to, the application. The provisions of this section do not apply to any written application for any type of annuity or insurance. Source: SL 2008, ch 129, §2.
SD Codified L § 25-5-7.5 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.5 - Access to records and application requirements not applicable to certain parents.

25-5-7.5. Access to records and application requirements not applicable to certain parents.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.
SD Codified L § 25-5-7.6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-7.6 - Parent sharing custody to foster other parent's relationship with child.

25-5-7.6. Parent sharing custody to foster other parent's relationship with child.Each parent sharing joint legal custody of their child shall foster the other parent's relationship with the child. Source: SL 2011, ch 131, §2.
SD Codified L § 25-5-8 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-8 - Father's rights not superior to mother's while separated.

25-5-8. Father's rights not superior to mother's while separated.The husband and father, as such, has no rights superior to those of the wife and mother in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other. Source: SDC 1939, §14.0305.
SD Codified L § 25-5-9 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-9 - Habeas corpus to award child custody when parents separated without divorce--Rules of law governing.

25-5-9. Habeas corpus to award child custody when parents separated without divorce--Rules of law governing.When husband and wife live separate and apart from each other without being divorced, the circuit court or judge thereof, upon application of either, may grant a writ of habeas corpus to inquire into the custody of any minor unmarried child of the marriage, and may award the custody of such child to either for such time and under such regulations as the case may require. The decision of the court or judge must be guided by the rules provided by law for awarding custody of a minor or appointing guardians. Source: SDC 1939, §14.0305.
SD Codified L § 25-5-10 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-10 - Custody and earnings of children born out of wedlock.

25-5-10. Custody and earnings of children born out of wedlock.The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare. Source: SDC 1939, §14.0304; SL 1982, ch 192; SL 1991, ch 210, §7.
SD Codified L § 25-5-10.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-10.1 - Best interest of child not presumed--Change of custody.

25-5-10.1. Best interest of child not presumed--Change of custody.Notwithstanding any initial entitlement to custody pursuant to §25-5-10, there is no legal presumption that such custody is in the best interest of the child, nor is a change of circumstances required for a change of the initial custody as determined by §25-5-10. Source: SL 2008, ch 131, §2.
SD Codified L § 25-5-11 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-11 - Wages of minor payable to minor or conservator.

25-5-11. Wages of minor payable to minor or conservator.The wages of a minor employed in service may be paid to the minor or to the minor's conservator. Source: SDC 1939, §14.0319; SL 1983, ch 206; SL 1993, ch 213, §113.
SD Codified L § 25-5-12 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-12 - Relinquishment of child control and earnings--Abandonment by parent.

25-5-12. Relinquishment of child control and earnings--Abandonment by parent.The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment. Source: SDC 1939, §14.0319.
SD Codified L § 25-5-13 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 05 - Parent And Child|Section 25-5-13 - Residence of child--Right to change--Procedure.

25-5-13. Residence of child--Right to change--Procedure.A parent entitled to the custody of a child has the right to change the child's residence, subject to the power of the circuit court to restrain a removal that would prejudice the rights or welfare of the child. A parent desiring to relocate a minor child shall follow the provisions of §§25-4A-17 to 25-4A-19, inclusive. Source: SDC 1939, §14.0306; SL 2020, ch 106, § 2.