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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.

Physical custody may call for one parent's home to be the primary residence of the child while the other parent is granted ample visitation. Beyond just parents, South Dakota laws see a child's contact with their relatives and family friends as important and beneficial for everyone.

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.

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 moral welfare.

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.

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the ...