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.
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 […]
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 […]
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 […]
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 […]
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, […]
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.