reglab/housing_qa huggingface dataset:
SD Codified L § 25-4A-18 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-18 - Contents of notice of relocation.

25-4A-18. Contents of notice of relocation.The notice required in §25-4A-17 shall contain the following:(1)The address and telephone number, if known, of the new residence;(2)The purpose for relocating;(3)Why the relocation is in the best interest of the child; and(4)The relocating party's proposed visitation plan for the nonrelocating parent upon relocation. If a relocating parent is giving notice of relocation in compliance with subdivisions 25-4A-17(3) or (4), the address requirement in subdivision (1) of this section is fulfilled if the notice contains the city and state of the new residence. Source: SL 2004, ch 173, §2; SL 2016, ch 141, §2.
SD Codified L § 25-4A-19 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-19 - Request for hearing on relocation--Presumption of consent--Best interests of child.

25-4A-19. Request for hearing on relocation--Presumption of consent--Best interests of child.At the request of the nonrelocating parent, made within thirty days of the notice of relocation, the court shall hold a hearing on the relocation. If no request for hearing is made within thirty days of notice, the relocation is presumed to be consented to by the nonrelocating parent. If an objection to the relocation is filed, the court shall consider the traditional best interest of the child factors when determining a proposed relocation that would result in a substantial alteration to the existing parenting time arrangement. Source: SL 2004, ch 173, §3; SL 2020, ch 106, § 1.
SD Codified L § 25-4A-20 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-20 - Presumption that granting custody or visitation rights to person causing conception by rape or incest not in best interest of child.

25-4A-20. Presumption that granting custody or visitation rights to person causing conception by rape or incest not in best interest of child.There shall be a rebuttable presumption that it is not in the best interest of the child for the court to place the child in the custody of or to grant visitation rights to a person that the court has found by a standard of clear and convincing evidence to have committed an act of rape or incest against the other parent that resulted in the conception of the child. The court may revoke visitation rights upon such a finding. Source: SL 2006, ch 139, §2; SL 2019, ch 121, §1.
SD Codified L § 25-4A-21 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-21 - Joint physical custody--Consideration upon application--Findings.

25-4A-21. Joint physical custody--Consideration upon application--Findings.In any custody dispute between parents, upon application of either parent, the court shall consider granting joint physical custody of a minor child.The court shall consider the factors set forth in §25-4A-24, and shall make written findings of fact and conclusions of law regarding the best interests of the minor child, unless waived by both parties. Source: SL 2014, ch 122, §1.
SD Codified L § 25-4A-22 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-22 - Rebuttable presumption upon finding of history of domestic abuse or assault.

25-4A-22. Rebuttable presumption upon finding of history of domestic abuse or assault.A finding by the court that a parent has a history of committing domestic abuse or has an assault conviction as defined in §25-4-45.5, creates a rebuttable presumption that joint physical custody is not in the best interests of the child. Source: SL 2014, ch 122, §2.
SD Codified L § 25-4A-23 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-23 - Home study or custody evaluation--Mediation.

25-4A-23. Home study or custody evaluation--Mediation.Prior to ruling on a joint physical custody petition the court may require the parties to participate in a home study or a custody evaluation. Prior to the court ruling on a joint physical custody petition, either parent may request mediation pursuant to §25-4-56.In any case where the court orders the parties to participate in a home study, custody evaluation, or custody mediation, the court shall allocate the costs of the same between the parties. Source: SL 2014, ch 122, §3.
SD Codified L § 25-4A-25 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-25 - Parental agreement for joint physical custody.

25-4A-25. Parental agreement for joint physical custody.If both parents agree to joint physical custody of a child, the court is not required to consider the factors set forth in §25-4A-24. Source: SL 2014, ch 122, §5.
SD Codified L § 25-4A-26 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-26 - No presumption of joint physical custody.

25-4A-26. No presumption of joint physical custody.Nothing in §§25-4A-21 to 25-4A-27, inclusive, creates a presumption of joint physical custody. The court shall determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child. Source: SL 2014, ch 122, §6.
SD Codified L § 25-4A-27 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-27 - Modification of existing orders.

25-4A-27. Modification of existing orders.The enactment of §§25-4A-21 to 25-4A-27, inclusive, does not constitute a substantial change in circumstances justifying the modification of existing custody orders, but the provisions of §§25-4A-21 to 25-4A-27, inclusive, shall apply to modification proceedings which are otherwise properly before the court. Source: SL 2014, ch 122, §7.
SD Codified L § 25-4A-28 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-28 - Parenting time enforcement form on Unified Judicial System website.

25-4A-28. Parenting time enforcement form on Unified Judicial System website.The Unified Judicial System shall develop and maintain the form on its website labeled, parenting time enforcement. The form shall include the following information:(1)The court case number;(2)The name of the custodial parent and the name of the noncustodial parent;(3)The name and date of birth of each child;(4)The reasons for the petition, including the last date of visitation and number of visitations in the last twelve months; and(5)The petitioner's contact information. Source: SL 2018, ch 155, §4.
SD Codified L § 25-4A-29 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-29 - Commission on Parenting Time Guidelines--Creation--Duties.

25-4A-29. Commission on Parenting Time Guidelines--Creation--Duties.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.
SD Codified L § 25-4A-30 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-30 - Commission on Parenting Time Guidelines--Composition.

25-4A-30. Commission on Parenting Time Guidelines--Composition.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 followingposition:(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.
SD Codified L § 25-4A-31 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04A - Custody And Visitation Rights|Section 25-4A-31 - Commission on Parenting Time Guidelines--Hearings--Scope of review.

25-4A-31. Commission on Parenting Time Guidelines--Hearings--Scope of review.The Commission shall hold at least three public hearings on three separate occasions prior to the submission of the report. In addition to public testimony, the Commission may receive and review other information deemed necessary in preparation of its report and recommendations. Source: SL 2021, ch 250 (Supreme Court Rule 20-04), eff. Aug. 26, 2020.
SD Codified L § 25-4B-101 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-101 - Short title.

25-4B-101. Short title.This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act. Source: SL 2014, ch 123, §1.
SD Codified L § 25-4B-103 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-103 - Remedies for noncompliance.

25-4B-103. Remedies for noncompliance.In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief. Source: SL 2014, ch 123, §3.
SD Codified L § 25-4B-104 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-104 - Jurisdiction.

25-4B-104. Jurisdiction.(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 26-5B.(b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B during the deployment.(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.(e) This section does not prevent a court from exercising temporary emergency jurisdiction under chapter 26-5B. Source: SL 2014, ch 123, §4.
SD Codified L § 25-4B-105 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-105 - Notification required of deploying parent.

25-4B-105. Notification required of deploying parent.(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.
SD Codified L § 25-4B-106 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-106 - Duty to notify of change of address.

25-4B-106. Duty to notify of change of address.(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted. Source: SL 2014, ch 123, §6.
SD Codified L § 25-4B-107 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-107 - General consideration in custody proceeding of parent's military service.

25-4B-107. General consideration in custody proceeding of parent's military service.In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances that adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative. Source: SL 2014, ch 123, §7.
SD Codified L § 25-4B-201 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-201 - Form of agreement.

25-4B-201. Form of agreement.(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.
SD Codified L § 25-4B-202 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-202 - Nature of authority created by agreement.

25-4B-202. Nature of authority created by agreement.(a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under §25-4B-203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.(b) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this Article has standing to enforce the agreement until it has been terminated by court order, by modification under §25-4B-203, or under Article 4. Source: SL 2014, ch 123, §9.
SD Codified L § 25-4B-203 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-203 - Modification of agreement.

25-4B-203. Modification of agreement.(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.
SD Codified L § 25-4B-204 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-204 - Power of attorney.

25-4B-204. Power of attorney.A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power. Source: SL 2014, ch 123, §11.
SD Codified L § 25-4B-205 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-205 - Filing agreement or power of attorney with court.

25-4B-205. Filing agreement or power of attorney with court.An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power. Source: SL 2014, ch 123, §12.
SD Codified L § 25-4B-301 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-301 - Close and substantial relationship defined.

25-4B-301. Close and substantial relationship defined.In this Article, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent. Source: SL 2014, ch 123, §13.
SD Codified L § 25-4B-302 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-302 - Proceeding for temporary custody order.

25-4B-302.Proceeding for temporary custody order.(a) After a deploying parent receives an official order to deploy and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S. C. Appendix Sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.(b) At any time after a deploying parent receives an official order to deploy, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under §25-4B-104, or if there is no pending proceeding in a court with jurisdiction under §25-4B-104, in a new action for granting custodial responsibility during deployment. Source: SL 2014, ch 123, §14.
SD Codified L § 25-4B-303 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-303 - Expedited hearing.

25-4B-303. Expedited hearing.If a motion to grant custodial responsibility is filed under subsection 25-4B-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing. Source: SL 2014, ch 123, §15.
SD Codified L § 25-4B-304 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04B - Uniform Deployed Parents Custody And Visitation Act|Section 25-4B-304 - Testimony by electronic means.

25-4B-304. Testimony by electronic means.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.