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.
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
25-4A-24. Factors for consideration on request for joint physical custody. In considering a contested request for joint physical custody, in addition to the traditional factors for determining the best interests of a child, the court shall consider the following factors: (1)Whether each parent is a suitable physical custodian for the child; (2)Whether each parent has […]
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.
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.
