reglab/housing_qa huggingface dataset:
SD Codified L § 25-4-45 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45 - Child custody provisions--Modification--Preference of child.

25-4-45. Child custody provisions--Modification--Preference of child.In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question. As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody. Source: SDC 1939, §14.0724; SL 1994, ch 192.
SD Codified L § 25-4-45.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.1 - Fault not considered in awarding property or child custody--Exceptions.

25-4-45.1. Fault not considered in awarding property or child custody--Exceptions.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.
SD Codified L § 25-4-45.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.2 - Intervention by attorney general or state's attorney when support assigned to state.

25-4-45.2. Intervention by attorney general or state's attorney when support assigned to state.In all cases where child support has been assigned to the state, the attorney general or the state's attorney shall have the right to intervene pursuant to §15-6-24(a) in ongoing divorce actions to obtain child support, or to petition the court to modify existing court orders for child support. Source: SDCL, §25-4-45 as added by SL 1977, ch 203, §2.
SD Codified L § 25-4-45.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.3 - Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.

25-4-45.3. Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.The secretary of social services may, pursuant to chapter 1-26, adopt a schedule of fees for home studies or investigations ordered by the court in custody proceedings. The fees may not exceed actual costs and shall be based on the ability of the parties involved to pay for the home studies or investigations. The fees so adopted shall apply only to custody issues relating to or resulting from divorce or separate maintenance proceedings and shall not impose any fee or charges against the Unified Judicial System. Source: SL 1987, ch 188.
SD Codified L § 25-4-45.4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.4 - Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.

25-4-45.4. Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.Notwithstanding the provisions of §26-7A-31, if the court determines mediation as provided in §25-4-56 is not feasible the court may appoint counsel for any child involved in any divorce or custody proceeding, in which the child is alleged to be neglected or abused, or if a parent, guardian, or custodian request counsel be appointed in such proceeding and if the court determines that it is in the best interest of the child to have counsel appointed for the child. The counsel shall be charged with representation of the child's best interests and may not be counsel for any other party involved. The court may designate other persons who may or may not be attorneys to assist in the performance of the counsel's duties. The court shall allocate the cost of the appointed counsel between the parents, guardian, or custodian of the child. Source: SL 1990, ch 199; SDCL, §26-10-17.1.
SD Codified L § 25-4-45.5 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.5 - Consideration of domestic abuse and assault conviction in custody award.

25-4-45.5. Consideration of domestic abuse and assault conviction in custody award.In awarding custody involving a minor, the court shall consider:(1)A conviction of domestic abuse as defined in subdivision 25-10-1(1); or(2)A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or(3)A history of domestic abuse.The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence. Source: SL 1997, ch 156, §1; SL 2008, ch 122, §1.
SD Codified L § 25-4-45.6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.6 - Consideration of conviction for death of other parent in custody award.

25-4-45.6. Consideration of conviction for death of other parent in custody award.In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awarding custody or granting visitation to the convicted parent is not in the best interests of the minor. Source: SL 1997, ch 156, §2.
SD Codified L § 25-4-45.7 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.7 - Protective orders and arrest reports considered in determining existence of history of domestic abuse.

25-4-45.7. Protective orders and arrest reports considered in determining existence of history of domestic abuse.For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration may include the issuance of a protection order against a parent or any arrest report of a parent following the response of law enforcement to a report of domestic abuse as defined in subdivision 25-10-1(1). Source: SL 2008, ch 122, §2.
SD Codified L § 25-4-45.8 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-45.8 - Consideration of reporting abuse falsely or without good cause in custody award.

25-4-45.8. Consideration of reporting abuse falsely or without good cause in custody award.In determining what is in the best interest of any particular child, the court shall consider whether the person whose conduct is under review has ever attempted to influence a child custody hearing by, falsely or without good cause, reporting pursuant to chapter 26-8A that some other person has committed sexual abuse, physical abuse, or abuse and neglect against the child or a sibling of the child. Nothing in this section effects the confidentiality of records and files relating to reports of child abuse or neglect maintained by the Department of Social Services pursuant to chapter 26-8A. Source: SL 2010, ch 137, §1.
SD Codified L § 25-4-46 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-46 - Alimony, support, property, and child custody provisions subject to review on appeal.

25-4-46. Alimony, support, property, and child custody provisions subject to review on appeal.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.
SD Codified L § 25-4-47 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-47 - Restoration of former name to wife--Validation of prior decrees.

25-4-47. Restoration of former name to wife--Validation of prior decrees.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.
SD Codified L § 25-4-51 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-51 - Report of divorces to department of health.

25-4-51. Report of divorces to department of health.The clerk of court in every county shall report information of each dissolution of marriage or divorce 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.
SD Codified L § 25-4-52 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-52 - Visitation rights for grandparents--Enforcement by circuit court.

25-4-52. Visitation rights for grandparents--Enforcement by circuit court.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.
SD Codified L § 25-4-54 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-54 - Visitation rights of grandparents--Child placed for adoption.

25-4-54. Visitation rights of grandparents--Child placed for adoption.The provisions of §§25-4-52 to 25-4-54, inclusive, do not apply if the child has been placed for adoption with a person other than the child's stepparent or grandparent. Any grandparent visitation rights granted pursuant to §§25-4-52 to 25-4-54, inclusive, prior to placement for adoption of the child with persons other than the child's stepparent or grandparent shall terminate upon the placement of the child for adoption. Source: SL 1982, ch 191, §3.
SD Codified L § 25-4-55 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-55 - Exclusion of child from custody proceedings.

25-4-55. Exclusion of child from custody proceedings.In proceedings under this chapter involving contested custody of a child, upon request of counsel for either party, the court may, for good cause and at its discretion, exclude the child from the proceedings. Source: SL 1983, ch 203.
SD Codified L § 25-4-56 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-56 - Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs.

25-4-56. Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs.In any custody or visitation dispute between parents, the court shall order mediation to assist the parties in formulating or modifying a plan, or in implementing a plan, for custody or visitation and shall allocate the cost of the mediation between the parties. However, mediation shall not be ordered if:(1)One of the parents has been convicted of domestic abuse as defined in subdivision 25-10-1(1); or(2)One of the parents has been convicted of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or(3)One of the parents has a history of domestic abuse; or(4)Mediation is not readily available or the court determines that mediation is not appropriate based on the facts and circumstances of the case.The court may also direct that an investigation be conducted to assist the court in making a custody or visitation determination and shall allocate the costs of such investigation between the parties. A history of domestic abuse may only be proven by greater convincing force of the evidence. Source: SL 1989, ch 218; SDCL Supp, §26-5A-31; SL 1994, ch 193; SL 2008, ch 123, §1.
SD Codified L § 25-4-57 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-57 - Court appointment of mediator.

25-4-57. Court appointment of mediator.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.
SD Codified L § 25-4-58 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-58 - Adoption of court rules establishing minimum qualifications of mediator.

25-4-58. Adoption of court rules establishing minimum qualifications of mediator.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.
SD Codified L § 25-4-58.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-58.2 - Conduct of Family Court Mediators.

25-4-58.2. Conduct of Family Court Mediators.Mediators are expected to conduct themselves by the highest ethical standards. Mediators should conduct themselves and mediations according to the following general principles:(1)A mediator should recognize that mediation is based on participation and self-determination by the parties. A mediator shall conduct the mediation process fairly, diligently, impartially and in a manner consistent with assisting the parties in reaching a voluntary, uncoerced agreement on the issues outstanding between them.(2)A mediator shall fully disclose to all parties involved in the mediation any actual or potential conflicts of interest. A mediator shall not accept or shall withdraw from any mediation in which the mediator has reason to believe he or she cannot conduct the mediation in an impartial manner. After full disclosure of an actual or potential conflict of interest to the parties, the mediator shall withdraw from the mediation if requested by any party to do so.(3)A mediator should maintain confidentiality at all times except as provided by law or court order. A mediator may otherwise disclose information regarding the mediation only with the expressed consent of the parties.(4)A mediator shall fully disclose to the parties and explain the basis of compensation, fees, and other charges to the parties. This disclosure should occur at the first meeting of the mediator and the parties. Source: Supreme Court Rule 96-7; Supreme Court Rule 97-42.
SD Codified L § 25-4-59 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-59 - Privacy of mediation proceedings.

25-4-59. Privacy of mediation proceedings.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.
SD Codified L § 25-4-60 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-60 - Confidentiality of mediation communications and mediator's work product.

25-4-60. Confidentiality of mediation communications and mediator's work product.Any communication, oral or written, in a mediation proceeding pursuant to §25-4-56 is confidential and inadmissible as evidence in any proceeding. A mediator appointed pursuant to §25-4-56 may not be a witness, and the notes and work product of the mediator are not subject to discovery or subpoena in the proceeding in which the contested child custody or visitation is at issue. Source: SL 1996, ch 163, §4.
SD Codified L § 25-4-61 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-61 - Written mediated agreement--Signing--Court approval.

25-4-61. Written mediated agreement--Signing--Court approval.The mediator shall reduce to writing any agreement of the parties. The mediator shall inform the parties of their right to review the agreement with counsel before they sign the agreement. After the agreement is signed by the parties, the mediator shall present the agreement to the court. The agreement is not binding upon the parties until approved by order of the court. Source: SL 1996, ch 163, §5.
SD Codified L § 25-4-62 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-62 - Recommendation by mediator to court upon parties' failure to agree.

25-4-62. Recommendation by mediator to court upon parties' failure to agree.The mediator may report to the court at any time that the parties are unable to reach an agreement. The mediator may recommend to the court that the full hearing on the custody or visitation issue be held within thirty days. The mediator may not make a substantive recommendation to the court concerning the contested issue of custody or visitation. Source: SL 1996, ch 163, §6.
SD Codified L § 25-4-63 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-63 - Custody and visitation disputes--Appointment of parenting coordinator.

25-4-63. Custody and visitation disputes--Appointment of parenting coordinator.In any custody or visitation dispute between parents, the court may appoint a parenting coordinator to assist the parents in resolving contested issues. The Supreme Court may promulgate rules pursuant to §16-3-1 to prescribe the authority, duties, appointment, and compensation of parenting coordinators. Source: SL 2008, ch 124, §1.
SD Codified L § 25-4-64 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-64 - Parenting coordinator appointment at party request or on court's own motion.

25-4-64. Parenting coordinator appointment at party request or on court's own motion.At the request of either party, or on the court's own motion, a parenting coordinator may be appointed in any custody or visitation proceeding. The parties may agree to use a parenting coordinator, subject to approval by the court, or the court may designate a parenting coordinator for the parties. Source: SL 2013, ch 268, §1 (Supreme Court Rule 13-07), eff. July 1, 2013.
SD Codified L § 25-4-65 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-65 - Qualifications of parenting coordinator.

25-4-65. Qualifications of parenting coordinator.A parenting coordinator must satisfy the following minimum qualifications:(1)A parenting coordinator must file an approved application on the prescribed form with the presiding judge for the circuit in which the parenting coordinator will provide parenting coordinator services;(2)A parenting coordinator shall have a minimum of four hours of domestic violence training;(3)A parenting coordinator must have a minimum of forty (40) hours parenting coordination training. In place of forty (40) hours training, a person may, with court approval, qualify as a parenting coordinator if that person has had five years' experience in parenting coordination with a minimum of twenty (20) cases during that period. A parenting coordinator must have competence in the following areas:(a)General knowledge of the South Dakota court system and its procedures in contested family matters;(b)General knowledge of South Dakota family law, especially as applied to custody and visitation issues;(c)Knowledge of child development and specifically the impact of divorce or separation on family members;(d)Knowledge of resources available in the state to which the parties and the children can be referred for assistance;(e)Knowledge of interviewing and problem-solving techniques applicable to the family setting.(4)A parenting coordinator must be committed to and participate in continuing education courses.(5)A parenting coordinator must either be an attorney who is licensed to practice law in South Dakota; a psychologist who is licensed to practice in South Dakota; a psychiatrist who is licensed to practice in South Dakota; a social worker, family therapist or substance abuse counselor licensed to practice in South Dakota; or any other South Dakota licensed or certified professional with education, experience and specialized expertise relevant to the duties of a parenting coordinator. Source: SL 2013, ch 268, §2 (Supreme Court Rule 13-07), eff. July 1, 2013.
SD Codified L § 25-4-66 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-66 - Appointment upon consent of parties.

25-4-66. Appointment upon consent of parties.Persons not meeting the requirements of §25-4-65 may be appointed as a parenting coordinator by the court upon consent of the parties. Source: SL 2013, ch 268, §3 (Supreme Court Rule 13-07), eff. July 1, 2013.
SD Codified L § 25-4-68 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-68 - Term of parenting coordinator--Resignation--Discharge.

25-4-68. Term of parenting coordinator--Resignation--Discharge.The term of the parenting coordinator will be designated in the order of appointment. The parenting coordinator may resign upon notice to the parties and the court. Absent an order of the court, one or both parties cannot discharge a parenting coordinator. The court may terminate the service of the parenting coordinator at any time. Source: SL 2013, ch 268, §5 (Supreme Court Rule 13-07), eff. July 1, 2013.