reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-69 - Parenting coordinator fees and costs.

25-4-69. Parenting coordinator fees and costs.
A parenting coordinator shall disclose how fees and costs will be calculated for any services rendered and such fees and costs are subject to the approval of the court. The fees and costs for any parenting coordinator shall be at the sole expense of the parties. The court will determine the allocation of any fees between the parties in the order of appointment and may through subsequent court order change the allocation of fees and reallocate fees already paid based on the circumstances of any particular case.
Source:
SL 2013, ch 268, §6 (Supreme Court Rule 13-07), eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-71 - Attorney and parenting coordinator fees related to motion.

25-4-71. Attorney and parenting coordinator fees related to motion.
The court may award attorney fees and allocate the fees of the parenting coordinator related to any motion of the parties.
Source:
SL 2013, ch 268, §8 (Supreme Court Rule 13-07), eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-72 - Authority of court.

25-4-72. Authority of court.
The appointment of a parenting coordinator does not divest the court of its exclusive jurisdiction to determine fundamental issues of custody, visitation and support, and the authority to exercise management and control of the case.
Source:
SL 2013, ch 268, §9 (Supreme Court Rule 13-07), eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-73 - Standards of conduct for parenting coordinators.

25-4-73. Standards of conduct for parenting coordinators.
Parenting coordinators are expected to conduct themselves by the highest ethical standards. Parenting coordinators should conduct themselves according to the following general principles:
(1)A parenting coordinator should recognize that success is based on participation and self-determination by the parties. A parenting coordinator shall conduct any session fairly, diligently, impartially and in a manner consistent with assisting the parties under the direction of the court's order and in the best interests of the children.
(2)A parenting coordinator shall fully disclose to all parties involved any actual or potential conflict of interest. A parenting coordinator shall not accept or shall withdraw from any matter in which the parenting coordinator has reason to believe he or she cannot proceed in an impartial manner. After full disclosure of an actual or potential conflict of interest to the parties, the parenting coordinator shall withdraw from the case if requested by any party to do so within ten days of the disclosure.
(3)A parenting coordinator shall maintain impartiality in the process of parenting coordination. Impartiality means freedom from favoritism or bias in word, action or appearance, and includes a commitment to assist all parties, as opposed to any one individual. A parenting coordinator shall withdraw if the parenting coordinator determines he or she cannot act in an impartial or objective manner.
(4)A parenting coordinator shall not provide any other professional services to either party or the minor children while serving as a parenting coordinator. A parenting coordinator shall also ensure that any prior history of involvement with the parties does not conflict with the role of parenting coordinator, and shall not assume a role subsequent to acting as parenting coordinator which conflicts with the prior role of parenting coordinator.
(5)Incidents of suspected child or adult abuse or neglect that meet the mandatory reporting standards under South Dakota law shall be reported by the Parenting Coordinator to the appropriate authorities.
(6)A parenting coordinator should make a conscious effort to recognize violence or abuse by or against the parties or children. A parenting coordinator shall consider the safety of all involved when structuring the parenting coordination process and may recommend that parenting coordination is not appropriate for the parties.
Source:
SL 2013, ch 268, §10 (Supreme Court Rule 13-07), eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-74 - Communications with parenting coordinator not confidential.

25-4-74. Communications with parenting coordinator not confidential.
Parenting coordination is not a confidential process. There is also no evidentiary privilege for communications made as part of the parenting coordination process. The parenting coordinator may be called to testify if ordered by the court in the case.
Source:
SL 2013, ch 268, §11 (Supreme Court Rule 13-07), eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-82 - Time for filing motion for intentional concealment of assets.

25-4-82. Time for filing motion for intentional concealment of assets.
A motion for omitted assets alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission, but no later than ten years after the entry of the original decree.
Source:
SL 2013, ch 118, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-83 - Nonexclusive remedies.

25-4-83. Nonexclusive remedies.
The provisions of §§25-4-75 to 25-4-82, inclusive, are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.
Source:
SL 2013, ch 118, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-1 - Custody or visitation rights enforceable by contempt proceedings.

25-4A-1. Custody or visitation rights enforceable by contempt proceedings.
After notice and hearing, any decree or order of the court relating to custody of or visitation with a child may be enforced by contempt.
Source:
SL 1994, ch 195, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-2 - Written request for order to show cause for violation of visitation or custody decree--Hearing date.

25-4A-2. Written request for order to show cause for violation of visitation or custody decree--Hearing date.
Any party granted visitation or custody rights to a child by a court decree may request the court to enter an order to show cause why the other party should not be held in contempt of court for violation of the decree relating to visitation or custody of the child. Upon receipt of a written request for an order to show cause, the court may issue such an order and forthwith schedule a hearing date not less than thirty days in the future. No particular formality may be required of the moving party in making a written request for an order to show cause.
Source:
SL 1994, ch 195, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-3 - Affirmative inquiry into contempt--Contemnor's rights.

25-4A-3. Affirmative inquiry into contempt--Contemnor's rights.
At the hearing, the court shall affirmatively inquire into the matters of visitation and custody and enter any orders the court deems appropriate. The alleged contemnor has the right to remain silent and the right to counsel.
Source:
SL 1994, ch 195, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-4 - Affirmative defense by contemnor.

25-4A-4. Affirmative defense by contemnor.
An alleged contemnor may plead and prove that the movant voluntarily relinquished the actual care, control, and possession of the child for time encompassed by the court-ordered periods of possession. Such a relinquishment is an affirmative defense in whole or part to the order to show cause.
Source:
SL 1994, ch 195, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-4.1 - Motion for enforcement of visitation rights--Hearing.

25-4A-4.1. Motion for enforcement of visitation rights--Hearing.
If a noncustodial parent believes that the custodial parent has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately set a hearing on the motion, which may not be more than twenty-one days after the filing of the motion.
Source:
SL 2018, ch 155, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-5 - Sanctions for violation of custody or visitation decree.

25-4A-5. Sanctions for violation of custody or visitation decree.
If the court finds that any party has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to punish the offender or to compel the offender to comply with the terms of the custody or visitation decree.
The court may enter an order clarifying the rights and responsibilities of the parents and the court's order. The court may order one or more of the following sanctions:
(1)To require the offender to provide the other party with make up time with the child equal to the time missed with the child, due to the offender's noncompliance;
(2)To require the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance;
(3)To require the offender to pay a civil penalty of not more than the sum of one thousand dollars;
(4)To require the offender to participate satisfactorily in counseling or parent education classes;
(5)To require the offender to post bond or other security with the court conditional upon future compliance with the terms of the custody or visitation decree or any ancillary court order;
(6)To impose a jail sentence on the offender of not more than three days; or
(7)In the event of an aggravated violation or multiple violations, the court may modify the existing visitation or custody situation, or both of any minor child.
The provisions of this section do not prohibit the court from imposing any other sanction appropriate to the facts and circumstances of the case.
Source:
SL 1994, ch 195, §5; SL 2008, ch 125, §1; SL 2018, ch 155, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-5.1 - Copy of § 25-4A-5 attached to order for parenting time.

25-4A-5.1. Copy of §25-4A-5 attached to order for parenting time.
Any order of the court for parenting time shall have attached a copy of §25-4A-5.
Source:
SL 2018, ch 155, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-6 - Probation for contemnor.

25-4A-6. Probation for contemnor.
The contemnor may be placed on probation for a period of time, not to exceed five years or until discharge. The probation, if warranted, may be supervised by a probation officer who shall, if directed by the court, require reports from the contemnor and visit with the contemnor at the contemnor's home.
Source:
SL 1994, ch 195, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-7 - Motion to revoke probation of contemnor.

25-4A-7. Motion to revoke probation of contemnor.
Any violation of the terms and conditions of the probation imposed by the court may be brought before the court by a motion to revoke probation. The motion to revoke probation may be made by the original moving party, the attorney general, or the state's attorney. If the motion to revoke probation alleges a prima facie case that the probationer has violated a term or condition of probation, the court may cause the probationer's arrest by warrant. An arrested probationer shall be brought promptly before the court causing the arrest.
Source:
SL 1994, ch 195, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-8 - Application of section 23A-38-2 to proceedings for custody or visitation decree violations.

25-4A-8. Application of section 23A-38-2 to proceedings for custody or visitation decree violations.
The provisions of §23A-38-2 do not apply to §§25-4A-1 to 25-4A-7, inclusive.
Source:
SL 1994, ch 195, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-9 - Standard guidelines defined.

25-4A-9. Standard guidelines defined.
For the purposes of §§25-4A-9 to 25-4A-16, inclusive, the term, standard guidelines, means the parenting guidelines established by court rules promulgated by the South Dakota Supreme Court pursuant to §25-4A-10.
Source:
SL 2002, ch 125, §1; SL 2008, ch 126, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-10 - Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules.

25-4A-10. Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules.
The South Dakota Supreme Court shall promulgate court rules establishing standard guidelines to be used statewide for minimum noncustodial parenting time in divorce or separate maintenance actions or any other custody action or proceeding. The minimum standard guidelines shall provide a framework for noncustodial parenting time including frequency and time for noncustodial parenting time; hours or days of noncustodial parenting time; definitions for weekends, holidays, birthdays, and other special occasions; and time periods for summer noncustodial parenting time.
In establishing the minimum standard guidelines, the court may consider varying ages and circumstances of children and treat varying ages and circumstances differently.
The Supreme Court shall establish rules pursuant to §16-3-1 to provide for a public hearing process to review the minimum standard guidelines and to recommend any amendments deemed to be necessary.
Source:
SL 2002, ch 125, §2; SL 2008, ch 126, §2; SL 2020, ch 105, § 1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-11 - Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors.

25-4A-11. Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors.
Upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of time in the twelve months preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who may be awarded custody at any hearing.
Source:
SL 2002, ch 125, §3; SL 2008, ch 127, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-12 - Visitation agreement other than standard guidelines--Requirements.

25-4A-12. Visitation agreement other than standard guidelines--Requirements.
Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.
Source:
SL 2002, ch 125, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-13 - Objections to custody or visitation order--Hearing--Temporary order.

25-4A-13. Objections to custody or visitation order--Hearing--Temporary order.
If either party objects to the initial custody arrangement in §25-4A-11 or the standard guidelines, the court shall order a hearing which shall be held not later than thirty days after the date of the objection. In making an order for temporary custody, the order for custody shall reflect the degree of each parent's demonstrated participation in the child's life. The court shall issue a temporary custody and visitation order after considering the best interests of the child consistent with the provisions of §25-4-45. If the order for temporary custody results in less than a substantially equal parenting time, the court shall construct a parenting time schedule that maximizes the time each parent has with the child consistent with each parent's demonstrated participation in the child's life and is consistent with ensuring the child's welfare. Each temporary custody order shall include specific findings of fact and conclusions of law, except if the court confirms the agreement of the parties.
Source:
SL 2002, ch 125, §5; SL 2018, ch 156, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-14 - Standard guidelines subject to certain court orders.

25-4A-14. Standard guidelines subject to certain court orders.
The standard guidelines are subject to any provision established by a South Dakota state court in the following: a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and an order in any other proceeding affecting child custody or support.
Source:
SL 2002, ch 125, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-15 - Attorney fees and costs.

25-4A-15. Attorney fees and costs.
The court may order either party to pay attorney fees and costs in an action filed under §§25-4A-9 to 25-4A-16, inclusive, in accordance with §15-17-38 or any other applicable statute.
Source:
SL 2002, ch 125, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-16 - Parents responsible for child support.

25-4A-16. Parents responsible for child support.
The parents are responsible for payment of child support in accordance with §25-7-6.1.
Source:
SL 2002, ch 125, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-16.1 - Request for implementation of standard visitation guidelines--Objection--Hearing--Order.

25-4A-16.1. Request for implementation of standard visitation guidelines--Objection--Hearing--Order.
Subject to the jurisdictional and procedural provisions of chapter 26-5B, any parent subject to a court order of this state or subject to the jurisdiction of a court of this state pursuant to chapter 26-5B relating to visitation, custody, or child support may request the court to enter an order implementing the standard visitation guidelines. If the request is made in a child support proceeding, compliance with chapter 26-5B, including appropriate notice and an opportunity to be heard, if not previously provided, is required. The request shall be in writing and shall include a copy of the existing order establishing custody, visitation, or support and provide a current address of the responding party. Upon filing of the written request, the moving party shall serve a copy of the standard guidelines, together with a copy of the request and provide notice that absent an objection, the guideline visitation shall be imposed. The notice shall provide instructions as to the manner in which objections may be made. The service of such notice shall be deemed complete when an affidavit of the service of such notice and of the particular mode thereof, duly signed and verified by the person or officer making the service, shall have been filed with the court and such record or affidavit shall be presumptive evidence of the completed service of the notice herein required. If a party objects to the imposition of the standard guidelines within ten days of service, the court shall conduct an expedited hearing as soon as practical. Based upon the evidence presented at the hearing, the court may order the parties to abide by the standard visitation guidelines or may order any other relief as it deems appropriate.
Source:
SL 2006, ch 140, §1; SL 2008, ch 128, §1; SL 2009, ch 278 (Supreme Court Rule 08-08), eff. Nov. 1, 2008; SL 2012, ch 140, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-17 - Notice required before relocating child--Exceptions.

25-4A-17. Notice required before relocating child--Exceptions.
If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the child. Reasonable notice is notice that is given at least forty-five days before relocation or a shorter period if reasonable under the specific facts giving rise to the relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the court.
No notice need be provided pursuant to this section if:
(1)The relocation results in the child moving closer to the noncustodial parent; or
(2)The relocation is within the boundaries of the child's current school district; or
(3)There is an existing valid protection order in favor of the child or the custodial parent against the noncustodial parent unless the noncustodial parent has a valid order for parenting time established either in the protection order file or another custody proceeding subsequent to the entry of the protection order; or
(4)Within the preceding twelve months, the nonrelocating parent has been convicted of violation of a protection order, criminal assault, child abuse, or other domestic violence and either the child or the custodial parent was the victim of the crime or violation unless the noncustodial parent has a valid order for parenting time established subsequent to the conviction.
Source:
SL 2004, ch 173, §1; SL 2016, ch 141, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 following
position:
(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.
2023 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04A - Custody And Visitation Rights › Section 25-4A-32 - Court-approved parenting education for child custody and visitation actions.

25-4A-32. Court-approved parenting education for child custody and visitation actions.
The parties to any action which involves the issues of child custody or parenting time will be required to participate in a court-approved course to educate the parties concerning the impact of the action on the child or children. The course shall be completed within sixty days of the service of the summons and complaint, petition or motion in any action involving child custody or parenting time. Participation in the course may only be waived or delayed by the judge presiding over the action for good cause shown. Good cause includes but is not limited to a default by one of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent within the past five years.
Participation in the course is not required for a protection order proceeding or if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until both parties have complied with this requirement, unless participation in the course is waived or delayed for good cause or is otherwise not required. Each party shall be responsible for arranging their participation in the course and for payment of the costs of participation in the course.
Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order, unless participation in the course is waived or delayed for good cause or is otherwise not required as set forth herein. If participation in the court-approved course is waived or delayed for good cause or is otherwise not required under this section, the judge presiding over the action may order that the parties receive the information in an alternative format.
The State Court Administrator’s Office shall certify approved courses for parties required to participate in a course. Approved courses may include those provided by a public or private entity. At a minimum and as appropriate, an approved course shall include information related to the effects of separation or divorce on children, co-parenting skills and responsibilities, children's needs and coping techniques, the options for conflict resolution for parenting time and custodial disputes and the financial responsibilities of parents.
Source: SL 2022, ch 262 (Supreme Court Rule 22-09), eff. Sep. 1, 2022.
2023 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.