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The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
How to File for Custody in South Dakota Agree on a Parenting Plan. It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process. ... Calculate Child Support. ... Complete and File Required Forms. ... Serve the Forms. ... Receive Court Order.
How do I modify child custody in South Dakota? In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
How to File for Custody in South Dakota Agree on a Parenting Plan. It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process. ... Calculate Child Support. ... Complete and File Required Forms. ... Serve the Forms. ... Receive Court Order.
If the court finds merit to your Motion, it may issue an Order to Show Cause demanding that the other party appear before the court to answer your allegations. This proceeding can be used in most non-criminal cases to help enforce a court order.
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.
During child custody proceedings, courts will direct the custody, care, and education of a child as necessary and will reach permanent decisions upon the separation of the parents. The ?best interests of the child" are the primary concern. South Dakota law encourages joint custody between parents.