Section 25-5-25 – Age of majority for certain purposes–Parent or guardian liability.
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 […]
Section 25-5-26 – Petition for emancipation–Procedure.
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 […]
Section 25-5-27 – Rescission of declaration of emancipation.
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 […]
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 25-5-13 – Residence of child–Right to change–Procedure.
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 […]
Section 25-5-14 – Parent and child not answerable for act of other.
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.
Section 25-5-15 – Parental liability for willful acts of child–Limitation of recovery–Motor vehicle cases excepted–Specific findings in disputed cases.
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 […]
Section 25-5-7 – Parents equally entitled to custody and earnings of child born in wedlock.
25-5-7. Parents equally entitled to custody and earnings of child born in wedlock. Subject to the court’s right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally […]
Section 25-5-16 – Judicial cognizance of parental abuses–Freeing child from parental dominion.
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 […]