reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-14 - Parent and child not answerable for act of other.

25-5-14. Parent and child not answerable for act of other.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-15 - Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.

25-5-15. Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.
Any person, firm, association, private or public corporation, including the State of South Dakota and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through any malicious and willful act of a minor child under the age of eighteen years while residing with the child's parents, has a cause of action against and may recover from the parents of such child. In each case the amount of recovery against one or both of the parents is limited to actual damages of two thousand five hundred dollars and the taxable court costs, and does not apply to damages proximately caused through the operation of a motor vehicle by the minor child. If the issue is disputed, any determination that a parent is not responsible for the full amount of actual damages and costs authorized by this section shall be justified in a specific finding, in writing or on the record.
Source:
SL 1957, ch 41; SDC Supp 1960, §14.0309-1; SL 1979, ch 166; SL 1980, ch 188; SL 1993, ch 194; SL 2010, ch 136, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-16 - Judicial cognizance of parental abuses--Freeing child from parental dominion.

25-5-16. Judicial cognizance of parental abuses--Freeing child from parental dominion.
The abuse of parental authority is the subject of judicial cognizance in a civil action in the circuit court, brought by the child or by its relatives within the third degree, or by the officers of the poor where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent and the duty of support and education enforced.
Source:
SDC 1939, §14.0307.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-18.1 - Parental duty to support child.

25-5-18.1. Parental duty to support child.
The parents of any child are under a legal duty to support their child in accordance with the provisions of §25-7-6.1, until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full-time student in a secondary school. If it is determined by the court that the child support obligation survives the death of the parent, the amount due may be modified, revoked, or commuted to a lump sum payment by the court, taking into consideration all factors deemed relevant, including the financial resources of the child and the other parent and the needs of the decedent's family.
Source:
SL 1986, ch 218, §68; SL 1989, ch 220, §§1, 19; SL 2001, ch 133, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-18.2 - Parental duty to support certain grandchildren.

25-5-18.2. Parental duty to support certain grandchildren.
The parents of a minor mother or minor father may be required to contribute to the support of their grandchild according to their financial means until they are no longer legally responsible to support the minor mother or minor father in accordance with §25-5-18.1.
Source:
SL 1995, ch 142.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-19 - Emancipation by express agreement--Approval of circuit court.

25-5-19. Emancipation by express agreement--Approval of circuit court.
Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interest. The declaration of emancipation and a copy of the agreement shall be filed by the clerk of courts.
Source:
SDC 1939, §14.0308 (4); SL 1991, ch 211, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-21 - Duty of emancipated child to parent.

25-5-21. Duty of emancipated child to parent.
The legal duty of an emancipated child to his parent is the same as that of a child who has reached his majority.
Source:
SDC 1939, §14.0308 (4).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › 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.

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.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-24 - Emancipated minor defined.

25-5-24. Emancipated minor defined.
Any person under the age of eighteen years who:
(1)Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or
(2)Is on active duty with any of the armed forces of the United States of America; or
(3)Has received a declaration of emancipation pursuant to §25-5-26;
is an emancipated minor.
Source:
SL 1991, ch 211, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-25 - Age of majority for certain purposes--Parent or guardian liability.

25-5-25. Age of majority for certain purposes--Parent or guardian liability.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-26 - Petition for emancipation--Procedure.

25-5-26. Petition for emancipation--Procedure.
A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following:
(1)That he is at least sixteen years of age;
(2)That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;
(3)That he is managing his own financial affairs;
(4)That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States.
Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the state, notice shall be given to the appropriate state agency.
The court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to his best interest.
If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of court.
If the petition is denied, the minor may appeal to the Supreme Court.
If the petition is sustained, the parents or guardian may appeal to the Supreme Court if they have appeared in the proceeding and opposed the granting of the petition.
A declaration is conclusive evidence that the minor is emancipated.
Source:
SL 1991, ch 211, §3; SL 1993, ch 213, §114.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-27 - Rescission of declaration of emancipation.

25-5-27. Rescission of declaration of emancipation.
A minor declared emancipated under §25-5-26 or 25-5-19 or his conservator may petition the circuit court of the county in which he resides to rescind the declaration.
Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents or guardian or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. However, no liability may accrue to any parent or guardian not given actual notice, as a result of rescission of the declaration of emancipation, until such parent or guardian is given actual notice.
The court shall sustain the petition and rescind the declaration of emancipation if it finds that the minor is indigent and has no means of support.
If the petition is sustained, the court shall forthwith issue a court order rescinding the declaration of emancipation granted under §25-5-26, which shall be filed by the clerk of court.
Rescission of the declaration of emancipation does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
Source:
SL 1991, ch 211, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-28 - Declaration obtained by fraud voidable--Proceedings.

25-5-28. Declaration obtained by fraud voidable--Proceedings.
A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of such a proceeding and of any order declaring the declaration of emancipation to be void shall be consistent with the requirements of §25-5-27.
Source:
SL 1991, ch 211, §5.