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Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights.

South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered. Judges have broad discretion when deciding how much weight to give the child's preference. In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10.

Child Custody Orders in South Dakota For joint legal custody, both parents need to work together to make decisions ? for sole legal custody, the parent with custody is required to keep the other parent fully informed and up to date. Physical custody, just like legal custody, can be awarded to one or both parents.

The ?best interests of the child" are the primary concern. South Dakota law encourages joint custody between parents. Courts determining custody arrangements are also able to modify or vacate their decisions at any time, allowing for continued supervision of a child and their parents.

Custody, also called ?custodial responsibility,? is defined by South Dakota law as all powers and responsibilities related to taking care of your child, known as caretaking authority, and making decisions on his/her behalf, known as decision-making authority. This includes physical and legal custody.

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 entitled to the child's custody, service, and earnings.