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 […]
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, […]
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.
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.
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 […]
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.
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 […]
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 […]
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. […]
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 […]
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 […]
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).
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.
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 […]
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; […]
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 […]
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 […]
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 […]
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 […]
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 […]
