Section 25-5-31 – No right created on behalf of stepparent.
25-5-31. No right created on behalf of stepparent. Nothing in §25-5-29 creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child’s parent. Source: SL 2002, ch 126, §3.
Section 25-5-32 – Parental rights need not be terminated if custody awarded to person other than parent.
25-5-32. Parental rights need not be terminated if custody awarded to person other than parent. If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent’s parental rights over the child. A judgment awarding to a person other than a parent custodial […]
Section 25-5-33 – Child support, parent’s duty to provide for child when custody awarded to person other than parent.
25-5-33. Child support, parent’s duty to provide for child when custody awarded to person other than parent. If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, […]
Section 25-5-34 – Applicability of §§ 25-5-29 to 25-5-34.
25-5-34. Applicability of §§25-5-29 to 25-5-34. It is the express legislative intent that §§25-5-29 to 25-5-34, inclusive, apply to all pending matters involving disputed custody of a child between a parent and a person other than a parent meeting the standing provisions of §25-5-29, and all subsequent custody disputes involving a person other than a […]
Section 25-5-35 – Breastfeeding permitted in certain locations.
25-5-35. Breastfeeding permitted in certain locations. A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breast feeding in public places. […]
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 […]
Section 25-5-29 – Person other than parent permitted to seek custody of child–Parent’s presumptive right to custody–Rebuttal.
25-5-29. Person other than parent permitted to seek custody of child–Parent’s presumptive right to custody–Rebuttal. Except for proceedings under chapter 26-7A, 26-8A, 26-8B, or 26-8C, the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with […]
Section 25-5-30 – Circumstances suggesting serious detriment to child.
25-5-30. Circumstances suggesting serious detriment to child. Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances: (1)The likelihood of serious physical or emotional harm to the child if placed in the parent’s custody; (2)The extended, unjustifiable absence of parental custody; (3)The provision of the […]
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).
Section 25-5-23 – Foster parents’ liability to foster children.
25-5-23. Foster parents’ liability to foster children. Foster parents shall be liable for personal injuries sustained by foster children only to the extent natural parents are liable to their children. Source: SL 1980, ch 189.